The following terms govern the access to and use of www.theuntz.com (the Website), including without limitation, participation in its forums, chats, and all other areas (except to the extent stated otherwise on a specific page).
The Website is owned and operated by The Untz, a California Partnership. Hereinafter, the term User(s) is used to include both registered users and non-registered visitors to the Website.
A.USE OF THE SITE
Unless otherwise specified, the Website is intended for your personal use only. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to the Website.
You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider charges, etc.). You are solely responsible for any such fees.
User Accounts & Registration
In order to take advantage of certain features on the Website, you may be required to register and/or set up an account. If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
If you have reason to believe that your account is no longer secure, for example due to loss, theft or unauthorized disclosure or use of your Registration Information, you are solely responsible for promptly changing the affected Registration Information with the appropriate mechanism on the Website.
Artists, Artists Representatives and Promoters
The Website may offer a feature through which artists, artists representatives, and promoters are able to post information on concerts, events, releases, etc. You hereby acknowledge that it is in our sole discretion to approve such individuals and grant permission to them to post information. We are under no obligation to approve certain artists and/or representatives and/or event postings.
Restrictions on Use of Website
You may not provide to, or post on or through the Website, any graphics, text, photographs, images, video, audio or other materials that constitute junk mail, spam, advertising, and/or commercial offers.
You agree not to use any sexually explicit or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other materials that are defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Website.
Prohibited Use of Website Material
Users may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, any material, content or design elements obtained from the Website, including code and software ("Material").
Notwithstanding the above, you may print or download Material from the Website for personal or non-commercial use, provided that you do not republish the Material and keep intact all copyright, trademarks, patent and other proprietary notices.
Termination of User Access
You hereby acknowledge that we have the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to, or use of the Website or any part thereof, immediately and without notice, and for any reason. You also acknowledge that we may remove and discard any content or feature within the Website without prior notice. We are not liable to you or any third-party for any termination of your access to the Website or features thereof, or for loss of content.
B. CONTENT SUPPLIED BY USERS
We reserve the right, but not the obligation, to refuse to post, or to remove any content generated by Users and any portion thereof.
Users represent and warrant that they are the owner or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public or private areas on the Website.
You hereby grant to The Untz, our affiliates and subsidiaries, an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide license to use, copy, print, display, modify, edit and create derivative works from and distribute or otherwise use and reproduce any information or materials, including, but not limited to, comments or content, that you may post, submit or transmit in areas on the Website without compensation, notification or other consideration.
Each User also agrees to indemnify and hold The Untz, our affiliates and subsidiaries, harmless from any claim or demand, including reasonable attorneys' fees, made by any party arising out of information or materials that the visitor submits on our website.
C. THIRD PARTY LINKS
Links on this Website to other sites and resources controlled by Third Parties are intended solely for your convenience in identifying and accessing other sources of information. They are not intended to be associations with, referrals, endorsements, approval, or sponsorship of such Third Party materials and websites. We make no representations about the content, functionality or practices of Third Party sites and resources, and disclaim any and all warranties, express or implied, with respect thereto.
From time to time, we may offer contests on this Website (Contest(s)). Contests will be carried out in cooperation with The Untzs sponsors and partners. The following rules apply to all Contests, subject to specific rules noted in a Contest announcement.
1. All participants must be 18 years of age or older, unless otherwise noted in the Contest announcement. Participants must sign up for Contests on the Website by entering their name and address, a valid email address, and any other specific entry information requested in the contest announcement. We are not responsible for and will not consider incomplete entries, or emails sent but not received by us for any reason.
2. Only one entry per email address used to send the email will be considered for Contest entry, unless multiple entries are specifically allowed in the Contest announcement. Unless otherwise specified in the individual Contest announcement, no person may enter any Contest more than once using multiple email addresses.
3. Winners of email Contests will be chosen at random from emails received, unless specifically noted otherwise in the Contest announcement.
4. Winners of Contests will be contacted at the sender email address used to enter the Contest, and the person receiving and replying to the winner announcement email will be considered the winner unless they specify, within the reply email, another person as the winner.
5. Claiming of prizes requires an email response to us from the winning sender email address within 15 days of being notified of winning at the email address that was used to enter the Contest. Failure to respond constitutes forfeiture of the prize. We may, but are not required to award any forfeited prizes to other participants.
6. The Untz or the partner/sponsor cooperating with us on the Contest will mail or email the contest prize to the mailing or email address supplied by the recipient of the winner announcement email.
7. The types and number of prizes offered for a particular Contest are in our sole discretion. If a specified prize becomes unavailable for any reason, we may substitute a prize of like or equal value.
8. Prizes are not redeemable in cash and must be accepted as awarded. Winners may not request substitutions of prizes. All winners are solely responsible for any and all taxes, charges and/or fees, and any other additional costs that they may incur in connection with the prize.
9. Under no circumstances may The Untz be held liable for: (i) any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize after possession has been taken of the product by winner; or (ii) any cost, damage or injury or any other claims incurred in connection with attendance at, or travel to any event won as a contest prize.
10. We are not liable for any loss arising out of or in connection with or resulting from any Contest promoted by The Untz or its sponsors or partners, including but not limited a sponsors/partners failure or inability to supply the specified prize.
11. The Untz reserves the right to alter any rules of any Contest at any time. If you have any questions or complaints about a Contest, please contact us at firstname.lastname@example.org
E. DIGITAL MUSIC TERMS AND CONDITONS
Digital Music Terms and Conditions - theuntz.com/music-sampler-promotion-terms-and-conditions-of-the-untz
F. COPYRIGHT COMPLAINTS AND DMCA
Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA
In accordance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov, The Untz will respond expeditiously to clear notices of alleged copyright infringement that are reported to The Untz's designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by The Untz that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. This page describes the information that should be present in these notices.
Notice of Infringing Material
If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to The Untz by providing The Untz’s designated copyright agent listed below with the following information:
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. Identify in sufficient detail the copyrighted work that you believe has 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. Identify the material that you claim is infringing the copyrighted work listed in #2 above and that is to be removed or access disabled, and information reasonably sufficient to permit The Untz to locate the material;
4. Provide information reasonably sufficient to permit The Untz to contact you, including a name, address, telephone number and email address;
5. If possible, provide information sufficient to allow The Untz to notify the owner/administrator of the allegedly infringing content;
6. Include the following statements:
a. "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
b. "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the notice;
Send the notice to:
ATTN: Copyright Compliance Department
178 Daffodil Circle
Vallejo, CA 94591
Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication by regular mail that sets forth the items specified below:
1. Identify the specific URLs or other unique identifying information of material that The Untz has removed or to which The Untz has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the Northern District of California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement:
a. "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled and will no longer be shown."
4. Sign the notice;
5. Send the notice to:
ATTN: Copyright Compliance Department
178 Daffodil Circle
Vallejo, CA 94591
The Untz may, in appropriate circumstances, terminate an account holder or subscriber to The Untz if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact The Untz's DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
You understand and agree that the materials on this website are provided for informational use only and are provided "AS-IS". WE DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS, INFORMATION OR DATA PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE ARE NOT LIABLE AND HAVE NO RESPONSIBILITY OF ANY KIND TO ANY USER FOR ANY LOSS OR DAMAGE THAT A USER MAY INCUR IN THE EVENT OF (A) FAILURE OR INTERRUPTION OF THIS SITE; (B) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS WEBSITE OR THE INFORMATION AND DATA CONTAINED HEREIN AVAILABLE TO USERS (III) ANY OTHER CAUSE RELATING TO USER ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF WEBSITE OR MATERIALS ON THIS WEBSITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE, OR (V) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN OUR CONTROL, OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT TO US.
WE ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT EVENTS AND VENUES. IN NO EVENT WILL WE OR OUR PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE TO ANY USER FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, TRAVEL EXPENSES, LOST PROFITS, BUSINESS OPPORTUNITIES, BODILY INJURIES OF ANY KIND, INCURRED IN CONNECTION WITH ANY INDIVIDUALS ATTENDANCE AT EVENTS LISTED ON THE WEBSITE, OR IN CONNECTION WITH ANY ACTIVITIES AT AND/OR TRAVEL TO OR FROM ANY SUCH VENUES.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the state of California. You hereby agree and submit to personal jurisdiction by and venue in the state and federal courts of the State of California, County of Solano.
If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.
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