PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS OR ANY AFFILIATED WEBSITES.
This Site is owned and operated by Ariel Publicity, Artist Relations, and Booking, LLC (“Ariel Publicity” or the “Company”). Ariel Publicity consists of its affiliated company Cyber PR®, LLC, and various other affiliated subsidiaries and websites; including but not limited to http://www.arielpublicity.com http://www.arielpublicity.net, http://www.musicsuccessinnineweeks.com, http://www.reviewyou.com, http://www.cyberprmusic.com, and http://www.cyberpr.biz (all such sites collectively referred to herein as the “Site”). If you choose to visit any of these Sites, your access and use is subject to these Terms and Conditions (“Terms and Conditions” or the “Agreement”). If you do not agree with all of the Terms and Conditions, please do not visit any such Site.
Ariel Publicity reserves the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Any such changes and/or modifications will be effective immediately upon posting and your continued use of the Site following the posting of such changes/modification will constitute your acceptance of the revised Terms and Conditions. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. Your use of our Site and/or purchase of any product and/or service on the Site constitutes your binding agreement and acceptance of these Terms and Conditions, including any modifications that we make. You acknowledge and agree that if you are a personal user, representative or a member of an organization (for example, a band member, manager, public relations personnel, radio employee, contributing writer/editor, etc.) the Terms and Conditions hereof apply to all personal users, representatives and members of such organization, as well as the organization itself.
The terms “you,” “your,” “User,” “Undersigned” and “Subscriber” as used herein refer individually and collectively to all individuals, entities and their representatives accessing this Site for any reason; including general, non-member users (individually and collectively, “Public User(s)”), registered members and/or users (individually and collectively, “Member(s)”), registered New Media Maker members (individually and collectively, “New Media Maker(s)”), “Reviewed Artist(s)” (defined below) and “Writer(s)” (defined below).
Users that purchase the Company’s marketing and PR services register as “Members” or “New Media Makers”.
“Members” are those persons or entities that post materials which can be accessed by New Media Makers in accordance with the type of marketing and PR service(s) purchased by such Member. Members may include, but are not necessarily limited to, artists, performers, authors, film makers, public relation persons/entities, or social media persons/agencies.
“New Media Makers” are those users that register to access and use the materials posted by Members for the purpose of further promoting such Member. New Media Makers may include, but are not necessarily limited to, Internet Radio stations and Podcasters that play a Member’s MP3, Web-Based Music Magazines that publish a Member’s biographical material, Music Journalists that review a Member’s material, Online Music Sites that reference and/or include a Member’s contact information, Book Reviewers that review a Member’s material and/or publish excerpts of a Member’s published works, and audio/audiovisual bloggers that use a Member’s posted material.
Users of our affiliated site http://www.reviewyou.com include musicians, artists and performers and any of their representatives (individually and collectively, “Reviewed Artist(s)”), seeking a full album or single song review by one of Company’s affiliated freelance third party reviewers (individually and collectively, “Writer(s)”).
“You” or “your” may include acting in an individual capacity or as the authorized representative (including but not limited to a parent, guardian, manager, agent) for an artist, musician, performer, singer, band, group, organization, limited liability company or corporation in which case “you” or “your” shall refer to the artist, musician, performer, singer, band, group, organization, limited liability company or corporation whose behalf you are acting and authorized to act.
Ariel Publicity offers: (1) Cyber PR® music campaign services through its’ affiliated company Cyber PR®, LLC; (2) other campaign services; (3) New Media Maker Services; (4) Affiliates Programs; (5) full album and single song reviews services through its’ affiliated website called http://www.reviewyou.com; and (6) offers other products and services geared towards teaching and educating musicians.
(1) Music Campaign Services: Upon a user’s purchase of a music campaign service, and provided such user’s account is in good standing, Cyber PR® will provide the following services: Cyber PR® will promote and market musical artists to appropriate music-specific resources (referred to as “New Media Makers”) throughout the Internet including but not necessarily limited to Blogs, Audio-Blogs, Video Blogs, Internet Radio Stations, Web-Based Music Magazines, Music Journalists, Online Music Directories, and Podcasters. Members will provide information and MP3(s) to Cyber PR® online through the Company’s site and/or by mail, and member’s profile, MP3(s), and performance/event dates (if any) will be submitted online to registered and non-registered New Media Makers. Company will also prepare a personalized campaign for the artist, build a virtual press kit, and provide search engine optimization to increase the artist’s internet footprint. Each Member profile will include MP3(s), photos of the artist, artist bio, and can also include album cover art, and customized drops for use by New Media Makers. Additionally, Company offers a service which includes a Virtual Assistant. Members that register for this service will have Company update the artist’s social networking sites, build blogs on the artist’s MySpace page, and generally share campaign results with artist’s Internet fan base in general.
(2) Other Campaign Services: Upon a user’s purchase of other campaign services, and provided such user’s account is in good standing, Cyber PR® will provide the following services: Cyber PR® will promote and market Members to New Media Makers related to the Member’s area of entertainment throughout the Internet including but not necessarily limited to Blogs, Audio-Blogs, Video Blogs, Web-Based Magazines, Book Reviewers and Podcasters. Members will provide information to Cyber PR® online through the Company’s site and/or by mail, and Member’s profile and material will be submitted online to registered and non-registered New Media Makers. Company will also prepare a personalized campaign for the Member, build a virtual press kit, and provide search engine optimization to increase the Member’s internet footprint.
(3) New Media Maker Services: New Media Makers can register with Company and opt-in to receive information and music about Members based on each New Media Makers specified criteria. New Media Makers can access and download Member’s MP3s, photos, bios, recorded IDs, book excerpts and other posted information and materials, as well as set up a New Media Maker profile, leave feedback to Members and other New Media Makers, and request information, interviews and product from Member.
(4) Affiliates Program: Affiliates can register with the Site and provide a link from its webpage to the Site suggesting Company products and services to other artists and media makers. A user connected to this Site via linking from an Affiliate site is bound by and agrees to the Terms and Conditions set forth herein. You understand and agree that an Affiliate may receive a referral commission from Company upon your purchase of Company products and/or services. Affiliates may be third parties, Members and/or New Media Makers.
(5) Review You: http://www.reviewyou.com is a service that connects and facilitates Reviewed Artists with Writers who have been personally selected by Review You for their writing and music critique skills for the purpose of providing insightful, honest, professionally written Reviews. The Writer will provide opinion-based review and constructive and technical critique of the material and/or any other User Material, which may be positive or negative. “Review(s),” herein are individually and collectively written reviews by Writer which will consist of review and critique of full-length and/or single recordings of music submitted by Reviewed Artists. The Reviewed Artist signs up for this service through the Review You website, http://www.reviewyou.com and as part of the process, will submit User Material to the Company and Writer in order to facilitate the service provided. Review You focuses solely on albums and singles, and does not write press releases or review DVDs, concerts, or venues. The Review will be published on http://www.reviewyou.com. If the Writers of the Review keep a music blog, website, or social network of their own, it may also be posted there.
(6) Products and Services: Company offers various books, workshops and courses to musicians and music industry professionals looking to learn about social media and online promotion and marketing.
PLEASE NOTE: Company, its’ affiliates, subsidiaries, freelancers, consultants, employees, representatives and/or licensors are not acting in the capacity of employment agents.
Membership to Cyber PR®.
In order to access Cyber PR® services through the Site, you must become a registered user.
As part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any account and password you use to access the Site and its services and agree that Company will have no obligations with regard thereto. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. You agree to use the account and password solely on your behalf, or on behalf of the organization you represent.
You agree to use your username and password and access to the Site only to conduct business on behalf of yourself or, if applicable, the organization you represent. You further agree that you will not transfer, assign or sell your username or password to any other person, even within your organization, or permit the use thereof by anyone else under any circumstance. Company will not be liable in the event of the loss of a username or password or the misuse by anyone of a username or password. It is your sole responsibility to secure and maintain your username and password and to keep current any personal or business information provided to Company. You agree that you will (1) log out and close down access to the non-public portions of the Site at the end of each session; and (2) immediately notify Company of your loss, or any unauthorized use of, your username and/or password, or any other breach of security. You have the option to change your password as often as you wish by creating a new password. It is recommended that you change your password at least once every 60 days.
The fee structure, if any, for each service you select will be e-mailed to you separately as agreed upon by your proposal. By submitting your payment via the Site or PayPal (see terms below under Purchasing Products and Services), and/or by using the services, you will be required to have read and agreed to the Terms and Conditions set forth herein, in addition to any terms and conditions of the applicable payment processing company retained by us for processing your payment. These Terms and Conditions constitute a binding agreement between you and Company, and set forth the terms and conditions associated with a limited license granted to you to access our content databases and receive other benefits accorded members in good standing. Accordingly, you should thoroughly read and understand the Terms and Conditions which will become a contract between you and Company when you submit your payment by check, credit card, or other payment method information to Company, and again upon clicking the box “I ACCEPT” to indicate your acceptance and agreement of such terms. Upon clearance of your payment you will become an active member of the Site and/or service. In order to remain an active member it will be your responsibility to maintain timely payments of any fees incurred. Membership in the service is void where prohibited.
Purchasing Products and Services.
In addition to all applicable fees contained herein, in the event that Company is unable to charge your credit card or other applicable payment processing company (e.g. PayPal), there is a chargeback for any reason, there are insufficient funds in the account for which a check is drawn, or you otherwise fail to promptly pay any applicable charge, you will be subject to a late payment charge equal to the lesser of: (i) one and one-half percent (1.5%) per month accruing from the charge date or invoice date as applicable, or (ii) the maximum amount allowed by applicable law. In addition to the foregoing, Company may in its sole discretion immediately suspend or terminate your participation in any or all of the services provided to you. Termination of the Agreement and/or payment of late payment charges shall not prejudice any other rights or remedies that may be available to Company with respect to nonpayment or late payment of applicable fees.
Acceptable Use Policy.
You are solely responsible for any and all acts and omissions that occur under your account or password for the Site and/or service, and you agree not to engage in unacceptable use of the Site and/or service, which includes, without limitation, use of the Site and/or service to: (i) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (ii) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iii) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (iv) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (v) interfere, disrupt or attempt to gain unauthorized access to other accounts of the websites and/or service or any other computer network; (vi) disseminate or transmit viruses, trojan horses or any other malicious code or program; or (vii) engage in any other activity reasonably deemed by the Company to be in conflict with the spirit or intent of this Agreement. If you violate these restrictions, we may limit and/or terminate your access to the Site and/or service, without refund.
Managing User Content and Communications.
Company reserves the right, in its sole discretion, to delete or remove your User Material and/or content from the Site or databases and to restrict, suspend or terminate your access to the Site and/or service, or all or part of the Site, at any time for any reason without prior notice or liability. Your profile may be deleted without warning, if it is found that you are misrepresenting your age, misrepresenting your identity, and/or if Company reasonably suspects that you do not have the rights required pursuant to these Terms and Conditions. Company may establish general practices and limits on the use of the Site and/or service, including, but not limited to, limits on retention time, file size, and storage space for your content. Company shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with the Site and/or service. Company may, but is not obligated to, monitor or review (i) any areas on the Site or features of the Site and/or service in which users submit, transmit or post content, and (ii) the substance of any of your content. To the maximum extent permitted by law, Company has no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any of content. If Company terminates your subscription and/or membership in the service because you have breached the Agreement, you shall not be entitled to a refund of any used or unused portion of membership fees.
Use Of Applets.
Use of certain applications and functionalities available through the Site may require the transfer or download onto your computer of software “applets” (small, cross-platform compatible pieces of executing code) in order to enable communication between your computer and Ariel Publicity’s computers and/or to execute such applications or functionalities. By agreeing to these Terms and Conditions, you agree to the transfer of such applets onto your computer system for the limited purpose of allowing you access and use any such applications and functionalities offered through the Site.
Information Provided and Company’s Services.
YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE AND BY COMPANY AND/OR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSEES AND ASSIGNS IS AT YOUR SOLE RISK. COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITES AND/SERVICES, OR TO DENY ACCESS TO THE SITES AND/OR SERVICES TO ANYONE AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND/OR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSEES AND ASSIGNS IS NOT RESPONSIBLE FOR ANY MATERIALS POSTED AND/OR SUBMITTED BY USERS OF THE SITE AND/OR SERVICE. PRIOR TO MAKING ANY DECISIONS BASED ON INFORMATION POSTED ON THE SITE AND/OR SERVICE, YOU ARE ADVISED TO VERIFY THE INFORMATION. NEITHER COMPANY AND/OR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSEES AND ASSIGNS SHALL HAVE ANY LIABILITY ARISING FROM YOUR ACTS OR DECISIONS BASED UPON THE INFORMATION PROVIDED ON THE SITE AND/OR SERVICE.
You agree not to use the Site and/or service to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the Site and/or service or any equipment owned or operated by Company in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
“Opt-In” For Special Notices.
Company may periodically make special offers or communications to you. If you would like to receive such offers or communications, you may “Opt-In” at any time by checking the “Opt-In” box that appears on the e-mail notices page of the Site, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the “Opt-In” option constitutes acceptance of Company’s use of your e-mail address to send you notices pertaining to Company, its products and services, the websites, and related topics.
We maintain client/customer information, including request history and site usage data, for a length of time appropriate to our business needs. You may contact us to correct or update any personal identifying information which you have submitted to us, or if you have any questions about information maintained by us. If you operate in a jurisdiction that provides access rights under law, you may access your personal information or have it corrected or updated in accordance with applicable law by contacting us. In some jurisdictions, you may be charged a reasonable fee for access to information.
Proprietary Rights of Company.
General. The audio clips, characters, drawings, graphics, logos, text, newsletters, articles, music, software, Reviews, User Material (as defined below), Company material and all other material available at this Site, whether owned by or licensed to Company or owned by or licensed to a registered user of the Site (collectively and individually the “Material(s)”) contain and comprise copyrighted and proprietary subject matter. Your rights with respect to your use of the Site and the Materials are governed by these Terms and Conditions, as may be amended from time to time, and any limited license granted hereunder, as well as all applicable laws, including but not limited to intellectual property laws.
Intellectual Property Notices. All contents included on any Company website and related to Company’s services and products, such as text, graphics, logos, button icons, images, Company owned digital downloads, Reviews and software are: Copyright ©1996-2012Ariel Publicity, Client Relations and Booking, LLC and/or its subsidiaries, affiliates, suppliers, or licensors c/o Ariel Publicity, 389 12th Street, Brooklyn, NY 11215, U.S.A. All rights reserved. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Site and service.
Copyrights. All Material included on the Site (including the compilation, selection, and arrangement thereof) is the property of Ariel Publicity and/or is licensed to Company, its subsidiaries, affiliates, or suppliers by third parties, Members, New Media Makers, Reviewed Artists and/or Writers which post such material, and are protected by U.S. and international copyright laws, and you acknowledge that these rights are valid and enforceable. All software is the property of Ariel Publicity and/or its subsidiaries, affiliates, and/or its software suppliers and protected by U.S. and international copyright laws, and you agree that you will not copy or modify the underlying code without our prior express written permission. Company solely and exclusively owns all intellectual property and other right, title and interest in and to the Company services (e.g., Cyber PR®), products, Site and Reviews, except as expressly provided for in these Terms and Conditions. You may not remove or obscure any copyright or other proprietary notices contained on the Site or in the Materials. Any unauthorized use or duplication of the Material herein may subject the user to civil or criminal liability.
Trademarks. “Ariel Publicity,” “Cyber PR®” and “Review You” are trade names and service marks of the Company and/or its subsidiaries, affiliates or licensees. The names of actual companies and products mentioned herein and/or the websites and/or the service may be the trademarks of their respective owners. Trade names and service marks may include abbreviations, splash screen and other graphics, logos, page headers, button icons, scripts and servers of Company or third parties. You may use trademarks only insofar as required to comply with this Agreement and to identify printed output produced by Company, in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark.
Patents. Company may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages that are part of the service. Except as expressly provided herein, the furnishing of such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
Proprietary Rights of Registered Users.
You understand and agree that User Material posted on the Site by registered users or User Material submitted to Company to post on the Site is owned by and/or under the control of such registered user. The limited license granted to registered users by these Terms and Conditions shall in no way be deemed to grant to third parties any right or license in or to any User Material (defined below), including but not limited to musical compositions and/or sound recordings, text, excerpts, and photographs, available on the Site except as otherwise specifically set forth herein, unless otherwise owned by such third party or licensed by such third party pursuant to a valid agreement or under valid copyright laws.
Additionally, subject to Company’s rights hereunder or under any prior or subsequent agreement between Members, New Media Makers and/or Reviewed Artists and Company, Company understands and agrees that as between Members, New Media Makers and/or Reviewed Artists and Company, all right, title and interest in, to and embodied in User Material and all materials furnished by such Members, New Media Makers and/or Reviewed Artists shall remain with the respective users. As such, Company does not own copyright and other intellectual property rights in any User Material, and Members, New Media Makers and/or Reviewed Artists have not assigned or transferred any such rights other than a limited license as described in these Terms and Conditions.
License to Company.
General. By submitting any content and material to the Site and/or Company, including but not limited to MP3s, photos, bios, reviews, feedback, Virtual Press kits, excerpts of your published material, reviews and/or critiques, any company information etc., (individually and collectively “User Material(s)”), Members and New Media Makers, each as to themselves hereby grant to Company, its affiliates, subsidiaries, assigns, successors, partners, independent contractors and licensees (which such licensees, include but may not be limited to, other Members and New Media Makers), the non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, worldwide right and license to: (i) use, publicly perform, publicly display, modify (for purposes of formatting, maintenance or website administration only), reproduce, publish, adapt, distribute and translate User Material submitted to the Site and/or Company; and/or to otherwise make available such User Material, for use on the Site, in podcasts, audio and/or video blogs, on Internet radio, webzines, video sites, books, CD-ROMs or any other digital form or medium whatsoever, whether now known or as may hereafter be developed solely in connection with promotion and marketing of Members or as otherwise agreed herein; (ii) store your content on Company’s servers; (iii) distribute your content on the Company’s Site to New Media Makers, Members, third-parties and through email lists; (iv) distribute, create compilations and derivative works, and publicly display and perform such content in any medium whether now known or hereafter created, so that other users, including Public Users, may see and hear your work as an example of a successful application of this Site and/or service; (v) use User Material and metadata as may be reasonably necessary or desirable for Company to exercise rights under this Agreement; and/or (vi) use the name, biography and likeness of you, and other persons performing services in connection with you, for the purposes of trade in connection with promotion, advertising, sale, distribution, and exploitation of the Site. Public Users acknowledge and agree that any content and/or material which they post on the Site are subject to the license described in this paragraph.
Review You. By submitting User Material and/or any other content and material to the Site and/or Company, Reviewed Artists, each as to themselves hereby grant to Company, its affiliates, subsidiaries, assigns, successors, partners, independent contractors and licensees (which such licensees, include but may not be limited to Writers), the non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, worldwide limited right and license to: (i) store the User Material on Company’s servers; (ii) distribute the User Material to Writer(a) as necessary to carry out the ReviewYou.com services; (iii) use the User Material and metadata as may be reasonably necessary or desirable for Company to exercise rights under this Agreement; and/or (iv) use the name, biography, artwork and likeness of Reviewed Artist, and other persons performing services in connection with Reviewed Artist, for the purposes of promotion, advertising and distribution of the Review.
License to Reviewed Artist.
Company grants Reviewed Artist the non-exclusive, fully-paid, royalty-free, worldwide limited right and license to copy, display, and post the Review or parts thereof in his/her press packet, on label copy, on his/her website and social networks, and as he/she otherwise wish to promote the Reviewed Artist’s music, provided that Reviewed Artist does not change, alter or edit the Review. Company requests that the Reviewed Artist endeavors to credit the Writer of the review where possible.
License to Writer.
The Writer hereby warrants and represents that he/she will adhere to the Review You Freelance Review Writer’s Manual and Resource Guide (“Guide”) and the Freelance Ariel Publicity – Review You Freelance Writer Agreement (“Writer Agreement”) as provided to Writer when Writer is chosen by Company to be a freelance reviewer for Company and Writer chooses to participate as one. As set forth in such documents, Writer’s services are work for hire to Company and Company grants Writer a limited, non-exclusive license to post a completed Review on Writer’s website or music blog provided Writer has not breached the provisions of the Guide and/or Writer Agreement.
License for Other Submissions.
For Public User content or other user content such as comments to the Company about the Site and/or service, bug reports, piracy reports or product suggestions, you grant Company an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such content, and you also agree that Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, Company will not release your name or otherwise publicize the fact that you submitted such content to us unless: (i) you grant us permission to do so; (ii) we first notify you that the content you submit to a particular part of the Company Site will be published or otherwise used with your name on it; or (iii) we are required to do so by law.
No Authority to Use Non-Public Services of the Site.
Only individuals authorized by Ariel Publicity and authorized individuals acting on behalf of Members, New Media Makers and Reviewed Artists, and who have been assigned a currently valid username and password for the Non-Public Services (each, a “Registered User”) may access and use the Non-Public Services. As a Public User, you are not authorized to access the Non-Public Services of the Site (unless you are also a Registered User).
Dealings with Third Party Services, Third Parties, Registered Users and Referrals.
Third Party Services: Company may use third parties to provide certain services accessible through the Site and/or service. Company does not control those third parties or their services, and you agree that Company will not be liable to you in any way for your use of such services. These third parties may have their own terms of conditions and other policies. You must comply with such terms and policies as well as this Agreement when you use these services. If any such terms or policies conflict with Company’s Terms and Conditions, agreements or policies, you must comply with Company’s Terms and Conditions, agreements or policies, as applicable.
Third Parties: Your participation, correspondence or business dealings with any third party found on or through the Site and/or service, regarding the payment and delivery of related goods or services, publicity, reviews, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registered Users: You acknowledge and agree that your participation, correspondence or business dealings with any Registered User conducted through and/or outside of the Site, whether via Internet or otherwise, regarding any services, the payment and delivery of goods or services, publicity, reviews, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Registered User. You agree that Company shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Referrals: Please note that in some cases, Company, its affiliates and/or subsidiaries may receive a referral fee from the vendor for making the goods and services available to you. By taking advantage of the offer made available through Company, you are agreeing to any such fee arrangement.
The Site may provide, or third parties may provide, links to third party websites not under the control of Company. Company makes no representations of any kind regarding the content of such third-party websites and you hereby irrevocably waive any claim against Company, its affiliates and/or subsidiaries with respect to such websites. You acknowledge and agree that Company 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 Company 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. You agree that any time you access a third-party website that is linked through the Site, you do so at your own risk.
A third-party website that links or seeks to link to the Site: (1) may link to the home page of http://www.arielpublicity.com (or any other page that Company may designate from time to time), but not replicate any of the Company Materials; (2) may not create a browser, border or frame environment around the Site’s content; (3) may not imply that Ariel Publicity, its subsidiaries, affiliates, and/or licensors, are endorsing it or its products; (4) may not misrepresent its relationship with Company; (5) may not use any logo or other proprietary graphic or trademark of Company, and/or its affiliates, subsidiaries or licensors (including Registered User licensors), as part of any link or otherwise without Company’s express written permission; and (6) may not portray Company, its affiliates, subsidiaries, licensors, directors, officers, employees, clients or their services in a false, misleading, derogatory, or otherwise offensive manner. A third-party website seeking to link to the Site must not violate any laws, and must not advocate unlawful activity or contain content that is not appropriate for all ages. Company expressly reserves the right to remove any links to the Site or request that you remove any links to the Site that are not in compliance with these Terms and Conditions.
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website and/or service.
Representations and Warranties.
By way of explanation, but not limitation, you represent and warrant that all User Material, content and materials, submitted by you including, but not limited to, music, lyrics, performances, master recordings, and artwork is “PRE-CLEARED” and “PODSAFE”. You understand that the terms “pre-cleared” and “podsafe” as used herein means that any and all content and materials submitted by you has been created entirely by you or has been cleared by you with any person or entity having rights in same, in advance of submitting said materials to Company. You warrant and represent as applicable that you obtained performance licenses from any third party musicians, sample licenses from owners of any masters or interpolations used in the music, licenses from producers, engineers, co-writers and any others involved in the recording and/or creation of the materials. You understand and agree that Company is relying on your warranties and representations and that it is of the essence of this agreement that you are at all times in compliance with these terms so that the User Materials can be used by Company, New Media Makers and others as set forth in these Terms and Conditions freely and without obligation (financial or otherwise) to you or any third parties.
No Warranties; Liability Disclaimer; Limited Liability.
COMPANY PROVIDES THE SITE, SERVICE AND THE SOFTWARE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. COMPANY, ITS AFFILIATES, SUBSIDIARIES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES. THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NOLIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILLBE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. COMPANY MAY CHANGE THE SITE AND/OR SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND/OR SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SITE AND/OR SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE AND/OR SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND/OR SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND/OR SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF COMPANY EXCEED THE GREATER OF (i) THE AMOUNT PAID TO COMPANY DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
You hereby agree and understand that Company makes no representation or warranties regarding the success of its Members or the acceptance by the music industry or music-specific resources of the Member’s work. It is fully understood that Company provides only a service of access to the music industry and music-specific resources for the member and that such access is not guaranteed.
California Legal Notices.
TO THE EXTENT IT MAY APPLY, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: (GENERAL RELEASE – CLAIMS EXTINGUISHED.) A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
LEGAL NOTICES UNDER CALIFORNIA LAW. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Pricing Information. Current fees for our services may be obtained by contacting Ariel Publicity at [email protected] Company reserves the right to change its fees or to institute new fees at any time.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at 916-445-1254 or 800-952-5210.
You shall indemnify and hold Company, its subsidiaries, affiliates, officers, agents, designees, representatives, successors, assigns, licensees, partners, employees, independent contractors, Members and/or New Media Makers (individually and collectively the “Indemnified Parties”), harmless from and against any and all liabilities, losses, claims, costs, demands, damages, and expenses (including attorneys’ fees, court costs and disbursements) arising out of or in connection with a breach or alleged breach of the covenants, warranties and representations contained in this Agreement, including but not limited to your use of the Site and/or service, including posting material on the Site, in violation of these Terms and Conditions, as may be amended from time to time. You will reimburse the Indemnified Parties on demand for any payment made at any time in respect of which such Indemnified Party is entitled to be indemnified.
You hereby release Company, its affiliates, subsidiaries and licensees, from any and all liability arising out of or in connection with any publicity material, biographical information, pictures, photos, logos, trademarks, servicemarks, tapes, songs, or recordings submitted to Company by you or on your behalf, including but not limited to any claims of copyright infringement.
You may not submit, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Company to terminate membership privileges of any registered user who infringes copyright upon prompt notification to Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Ariel Publicity Client Relations, and Booking, LLC, 389 12th Street, Brooklyn, NY 11215.
In the event of a breach of this Agreement, all costs and expenses including reasonable attorney fees incurred by the prevailing party therein shall be paid by the other party. The obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action and shall be enforceable whether or not the action is prosecuted to judgment. Should Company be named as a defendant in any suit brought by or against a user in connection with or arising out of user’s songs, recordings, books, or any materials submitted to Company, user shall pay to Company its costs and expenses incurred in such suit including reasonable attorney fees.
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 our Site and/or service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In addition to any other rights of the parties set forth herein, either you or Company may cancel or terminate your access to the Site and/or service. Company also reserves the right to restrict, suspend or terminate your access to the Site and/or service in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms and Conditions. If Company terminates your access to the Site and/or service based on a breach of any portion of these Terms and Conditions, Company reserves the right to refuse to provide use and/or access to any services to you in the future. If we terminate your service for cause or you terminate the service you will not be entitled to any refund of any sum you have paid us and Company may delete any User Material or other materials relating to your use of the Site and/or service on Company’s servers or otherwise in its possession. You acknowledge that Company shall not be liable to you or any third party for any termination of your access to the Site and/or service.
These Terms and Conditions will survive indefinitely unless and until Company chooses to terminate them.
This Agreement shall be interpreted and construed in accordance with the laws of the State of New York, without regard to any conflict of laws principles. The courts located in the State of New York, County of New York will have exclusive jurisdiction of any controversies regarding this Agreement; and, any action or other proceeding which involves such a controversy will be brought exclusively in the courts located within the State of New York, County of New York. Your use of this Site indicates your agreement to waive any jurisdictional, venue or inconvenient forum objections to such courts.
Company does not represent or warrant that the Site, the Company Materials, the User Materials, or any specific features or services that may be accessible through the Site are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site and the organizations they represent do so on their own initiative and at their own risk, and are responsible for complying with local laws, if and to the extent local laws are applicable. Company may limit the availability of the Site and/or specific features or services of the Site with respect to any person, geographic area or jurisdiction we choose, at any time, in our sole discretion.
U.S. Export Controls.
Software from this website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Company shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
This Agreement cannot be changed, amended or modified orally. A waiver by Company of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party. The parties hereto agree and acknowledge that the relationship between them is that of independent contractors. This Agreement shall not be deemed to create an agency, partnership or joint venture between you and Company and Company shall not have a fiduciary obligation to you as a result of your entering into this Agreement. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect. You agree that this Agreement and all incorporated agreements may be assigned by Ariel Publicity, in its sole discretion, to a third party. You may not assign this Agreement or any incorporated agreement without the prior written consent of Ariel Publicity. This Agreement will be binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the text to which they pertain.
Last Updated: May 7, 2012