1. User Acceptance
3. The Site's Services
The Rifftime.com Site helps you find and browse information related to musicians, artists, musical instruction, music, and other works of art, and allows you to view, submit content and information to the Site in the form of text, software, scripts, graphics, photos, sounds, music videos, audiovisual combinations, interactive features and other materials (the "Content"). You may become a Rifftime.com Contributor, by opening a store on Rifftime.com for your own Content. The Services include all aspects of the Rifftime.com website, including but not limited to all Content, Contributor Stores, products, software and services offered via the Rifftime.com Site, as well as applications on the Rifftime.com Site.
This Site is designed for Users 13 years of age or older. If you are not 13 years of age or older, you may not use the Site or the Services. To contribute Content to the Site, either as a User or a Contributor, or to purchase Content from the Site, you must be 18 years of age or older. The Site and Services are administered in the United States and are intended for U.S. users. Any use outside of the United States is at the user's own risk and international users are responsible for compliance with local laws.
Users who wish to purchase materials from the Site must register on the Rifftime.com website. Users who wish to host stores on the Site ("Contributors") must register with Rifftime.com and must comply with the requirements for Contributors, listed below. If you register either as a User or as a Contributor, you must provide accurate and up to date information including an email address ("User ID") and password that you control. You may not use a false name or User ID with the intent of impersonating another person. You may receive confirmation and thank you emails, as well as payment and related information, associated with your registration. Rifftime reserves the right to cancel registered users at its discretion.
6. Rights to User
(b) you will not alter or modify any parts of the Site,
(c) you will not use the Site or Services for any of the following commercial uses unless you receive Rifftime's prior written approval:
(ii) the sale of advertising, sponsorships or promotions placed on or within the Site, Services or Content; or
(iii) the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from Rifftime.com appears on the same page and is of sufficient value to be the basis for such sales, and
7. Restrictions on Rights to Use
You are solely responsible for any and all activity connected with your use of the Site. Furthermore, you shall not:
(b) launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Rifftime.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Rifftime.com grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Rifftime reserves the right to revoke these exceptions either generally or in specific cases;
(c) access Content through any technology or means other than the video playback pages of the Services, the Embeddable Player or other explicitly authorized means;
(d) modify, build upon or block any portion or functionality of the Embeddable Player including, but not limited to, links back to the Rifftime Site;
(e) collect or harvest any personally identifiable information, including member names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;
(f) solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below);
(g)) remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
(h)) create user accounts by automated means or under false or fraudulent pretenses;
(i) create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site and/or Services;
(j) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
(k) use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that is deemed threatening or obscene;
(l) copy or store any content offered on the Site for other than your own use; or
(m) use any device, software or routine that interferes with the proper working of the Site and/or Services.
8. User Content
We encourage you to submit to the Site a variety of content, including but not limited to text, software, scripts, graphics, photos, sounds, music videos, audiovisual combinations, interactive features and other materials ("User Content"). The Site provides venues for hosting, sharing, and/or publishing such User Content. You understand that whether or not such User Content is published, the Rifftime.com website do not guarantee any confidentiality with respect to any User Content.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that:
In connection with User Content, you further agree that you will not:
(a) publish falsehoods or misrepresentations that could damage Rifftime or any third party;
(b) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(c) post advertisements or solicitations of business;
(d) impersonate another person;
(e) solicit login information or access an account belonging to someone else;
(f) bully, intimidate or harass any user of the Site;
(g) use the Site to do anything unlawful, misleading, malicious or discriminatory;
(h) do anything that could disable, overburden or impair the proper working of the Site, such as a denial of service attack; or
You understand that when using the Site, you will be exposed to Content from a variety of sources, and that Rifftime is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rifftime with respect thereto, and agree to indemnify and hold Rifftime, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
9. CONTRIBUTOR SERVICES AND POLICIES.
(a) Opening a Contributor Content Account.
To open a Rifftime.com Contributor Content Account, you must provide Rifftime with complete and accurate contact, payment and tax identification information. You must notify Rifftime immediately if any of this information changes.
(b) Contributor Account Security.
You must select a password for accessing your RiffTime.com Contributor's Content Account. You will be solely responsible for keeping your password confidential and for the use of your password by yourself and any third party. You must notify Rifftime immediately if you believe your password has been or may be obtained or used by any unauthorized party. You must also notify Rifftime immediately if you become aware of any breach or attempted breach of the security of your Contributor Content Account or the Rifftime com services.
(c) Your Contributor Content.
You hereby agree to be solely responsible for any content that you submit to Rifftime.com, including, but not limited to, musical works, sound recordings, audio visual works, photographs, text, reviews and commentary ("Contributor Content").
You retain ownership of Your Content, subject to the rights granted to Rifftime herein and the Rifftime Production Agreement. You may terminate this license with regard to any specific piece of Your Content (the "Terminated Content") by submitting a written request to Rifftime.com, One Montgomery Street, Suite 3000 San Francisco, CA 94104, to remove the Terminated Content from the Site. Rifftime will remove the Terminated Content within seventy-two (72) hours of receipt of your written notice.
In connection with Your Content and the Contributor Services, you agree that you will not:
(ii) submit material that infringes upon the proprietary rights of any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business;
(v) impersonate another person;
(vi) solicit login information or access an account belonging to someone else;
(vii) bully, intimidate or harass any user of the Site;
(viii) use the Site to do anything unlawful, misleading, malicious or discriminatory;
(ix) do anything that could disable, overburden or impair the proper working of the Site, such as a denial of service attack; or
(e) Confirmation of Rights. .
Rifftime reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials included in Your Content. If you fail to provide Rifftime with such confirmation upon request, Rifftime reserves the right to remove any or all of Your Content from the Site. Rifftime will have no liability to you for any actions taken pursuant to this Paragraph 9(e).
(f) Payments to You.
You agree to pay Rifftime an overhead and processing fee of 20% of the published price for all sales of Your Content made via RiffTime.com. You will be solely responsible for determining what, if any, taxes apply to the Rifftime payments you receive and for reporting and submitting the correct tax to the appropriate authority.
Rifftime will make payments to you of amounts due for sales of Your Content through [check, wire or electronic transfer] for the amount due, no later than thirty (30) days after the end of each calendar quarter.
10. Intellectual Property Rights
The Content on the Site, with the exception of User Content and Contributor Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, is owned by or licensed to Rifftime, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site 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. Rifftime reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of User Content, Contributor Content, or any third party content accessed through the Site. If you download or print a copy of any 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 Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content.
The use of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any entity making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such entity, or as the participation by any such entity in the offering of goods or information through the Site.
11. Copyright Infringement Policy
Rifftime respects the intellectual property rights of others, and will take action to prevent copyright infringement on the Site. Rifftime.com website will remove any Content, User Content or Contributor Content if properly notified that such Content, User Content or Contributor Content infringes on another party's intellectual property rights.
(a). If you are a copyright owner or an agent thereof and believe that any Content, User Content or Contributor Content on the Site infringes upon your copyrights, you may submit a "Notification of Claimed Infringement" pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(ii) A description of the copyrighted work that you claim has been infringed.
(iii) A description of where (by URL and physical description) the material that you claim is infringing is located on the Site.
(iv) Your address, telephone number, and email address.
(v) A 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.
(vi) A statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Rifftime's Copyright Agent is:
(b). Upon our receipt of a takedown notice materially complying with all of these requirements, the Rifftime.com website will remove, or cause to be removed, the identified materials. The individual that posted such materials will then have an opportunity to demand reposting by submitting to Rifftime's Designated Copyright Agent a written "Counter Notification." To be effective, a Counter Notification must include the following information:
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) The Rifftime.com website's User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Rifftime.com may be found, and that the User will accept service of process from the person who provided notification under Paragraph 7, above, above or an agent of such person.
(c). False Notifications of Claimed Infringement or Counter Notifications. The U.S. Copyright Act provides that:
For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to the Rifftime.com customer service through [email protected], or as directed on the Site. You acknowledge that if you fail to comply with all of the requirements of this Section 11, your DMCA notice may not be valid.
12. Disclaimer of Warranties
THE SITE AND SERVICES AND ALL SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RIFFTIME MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
(b) RIFFTIME MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES RIFFTIME MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES;
(c) RIFFTIME DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED;
(d) RIFFTIME EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(e) RIFFTIME EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF RIFFTIME.
Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
13. Limitation of Liability and Remedies
(b) UNDER NO CIRCUMSTANCES WILL RIFFTIME OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ITS SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.
Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to indemnify and hold Rifftime.com its affiliates, directors, officers, employees, representatives, successors and assigns harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys' fees, and further including any injuries to third parties arising out of or relating to:
(b) any fraud, manipulation, deception or misrepresentation by you,
(c) any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, and
(d) any violation of applicable federal or state laws or regulations by you.
17. General Information
(g) This Agreement shall be binding on the successors, assigns, heirs, executors, personal representatives and administrators of each of the parties.