A. This is a legal agreement between thesixtyone, Inc. ("THESIXTYONE") and you and sets forth the terms and conditions that govern the use of this WEBSITE (collectively, including all Content available through thesixtyone.com domain, "WEBSITE"). The WEBSITE is the provider of the mechanism (the "SERVICE") that permits you to purchase downloads of digital content, such as sound recordings, (the "MUSIC"), under certain terms and conditions as set forth in this Agreement.
B. By using and/or visiting WEBSITE, you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)THESIXTYONE's privacy notice, found at http://www.thesixtyone.com/static/privacy/ and incorporated here by reference. If you do not agree to any of these terms, the THESIXTYONE privacy notice, please do not use the WEBSITE.
C. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.thesixtyone.com/static/service). THESIXTYONE may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the WEBSITE, including users who are also contributors of song content, information, and other materials or services on the WEBSITE. The WEBSITE includes all aspects of THESIXTYONE, including but not limited to the THESIXTYONE "Embeddable Player."
B. The WEBSITE may contain links to third party WEBSITEs that are not owned or controlled by THESIXTYONE. THESIXTYONE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party WEBSITEs. In addition, THESIXTYONE will not and cannot censor or edit the content of any third-party site. By using the WEBSITE, you expressly relieve THESIXTYONE from any and all liability arising from your use of any third-party WEBSITE.
A. In order to access some features of the WEBSITE, you will have to create a THESIXTYONE account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify THESIXTYONE immediately of any breach of security or unauthorized use of your account.
B. Although THESIXTYONE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of THESIXTYONE or others due to such unauthorized use.
C. You cannot sign up as an artist or label if you are a member of any performing rights organziation (PRO) such as BMI, ASCAP or SESAC. If you are a member of a PRO or in the event that you do join one you must remove any music covered under a PRO and must terminate your account immediately. You must also have complete and total rights to distribute any music you upload and by doing so you agree to forfeit any royalties from other listeners streaming the music.
THESIXTYONE hereby grants you permission to access and use the WEBSITE as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any dark any part of the WEBSITE, including but not limited to User Submissions (defined below), without THESIXTYONE's prior written authorization.
B. You agree not to alter or modify any part of the WEBSITE, including but not limited to THESIXTYONE's Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or THESIXTYONE Content through any technology or means other than the song playback pages of the WEBSITE itself, the THESIXTYONE Embeddable Player, or other explicitly authorized means THESIXTYONE may designate.
D. You agree not to use the WEBSITE, including the THESIXTYONE Embeddable Player for any commercial use, without the prior written authorization of THESIXTYONE. Prohibited commercial uses include any of the following actions taken without THESIXTYONE's express approval:
E. Prohibited commercial uses do not include:
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
F. If you use the Embeddable Player on your WEBSITE, you must include a prominent link back to the THESIXTYONE WEBSITE on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the WEBSITE in a manner that sends more request messages to the THESIXTYONE 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, THESIXTYONE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. THESIXTYONE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the WEBSITE, nor to use the communication systems provided by the WEBSITE (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the WEBSITE with respect to their User Submissions.
H. You will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
I. THESIXTYONE reserves the right to discontinue any aspect of the WEBSITE at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the WEBSITE.
A. The content on the WEBSITE, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, songs, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to THESIXTYONE, subject to copyright and other intellectual property rights under the law. Content on the WEBSITE is provided to you AS IS for your information and personal use only and may not be downloaded, 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. THESIXTYONE reserves all rights not expressly granted in and to the WEBSITE and the Content.
B. You may access User Submissions solely:
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the SERVICE to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Songs for any purpose or in any manner other than Streaming is expressly prohibited. User Songs are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the SERVICE. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the SERVICE or otherwise as prohibited under this Agreement.
D. You may access THESIXTYONE Content, User Submissions and other content only as permitted under this Agreement. THESIXTYONE reserves all rights not expressly granted in and to the THESIXTYONE Content and the SERVICE.
E. 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.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the WEBSITE or features that prevent or restrict use or copying of any Content or enforce limitations on use of the WEBSITE or the Content therein.
G. You understand that when using the WEBSITE, you will be exposed to User Submissions from a variety of sources, and that THESIXTYONE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 THESIXTYONE with respect thereto, and agree to indemnify and hold THESIXTYONE, 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.
A. As a THESIXTYONE account holder you may submit song content ("User Songs") and textual content ("User Comments"). User Songs and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, THESIXTYONE does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize THESIXTYONE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the WEBSITE and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions you hereby grant each user of the WEBSITE a non-exclusive license to access your User Submissions through the WEBSITE, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the WEBSITE and under these Terms of Service. The above licenses granted by you in User Songs terminate within a commercially reasonable time after you remove or delete your User Songs from the SERVICE. You understand and agree, however, that THESIXTYONE may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant THESIXTYONE all of the license rights granted herein.
F. THESIXTYONE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and THESIXTYONE expressly disclaims any and all liability in connection with User Submissions. THESIXTYONE does not permit copyright infringing activities and infringement of intellectual property rights on its WEBSITE, and THESIXTYONE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. THESIXTYONE reserves the right to remove Content and User Submissions without prior notice.
A. THESIXTYONE will terminate a User's access to its WEBSITE if, under appropriate circumstances, they are determined to be a repeat infringer.
B. THESIXTYONE reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. THESIXTYONE may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
A. You agree to pay for all MUSIC you purchase through SERVICE, and that THESIXTYONE may charge your account with THESIXTYONE, your credit card account for any MUSIC purchased, as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THESIXTYONE WITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES OR MAINTAINING AN APPROPRIATE BALANCE, AS DETERMINED BY THESIXTYONE IN ITS SOLE DISCRETION, IN YOUR THESIXTYONE ACCOUNT. All fees will be billed to your THESIXTYONE account, to the credit card that you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online at the Account Information section of the SERVICE. (There may be a temporary disruption of your access to the SERVICE until THESIXTYONE can verify the validity of the new credit card.)
B. Prices and availability of any MUSIC are subject to change at any time, in THESIXTYONE's sole discretion. The minimum amount required to be maintained in your THESIXTYONE account is subject to change at any time, in THESIXTYONE's sole discretion.
C. Your use of the SERVICE includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
D. We reserve the right to expire any unused credit stored in your THESIXTYONE account, without refund, fifteen (15) months after it was purchased.
E. You agree that all credits purchased through the SERVICE are non-refundable.
A.On occasion, technical problems may delay or prevent delivery of the MUSIC. Your exclusive and sole remedy with respect to MUSIC that is not delivered within a reasonable period will be either replacement of such MUSIC, or refund of the purchase price paid for such MUSIC in store credit or as determined by THESIXTYONE in its sole discretion.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification 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):
THESIXTYONE's designated Copyright Agent to receive notifications of claimed infringement is: email: firstname.lastname@example.org. 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 THESIXTYONE customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, THESIXTYONE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at THESIXTYONE's sole discretion.
YOU AGREE THAT YOUR USE OF THE THESIXTYONE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THESIXTYONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THESIXTYONE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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, (III) 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 OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THESIXTYONE WEBSITE. THESIXTYONE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THESIXTYONE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THESIXTYONE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY DARK OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL THESIXTYONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL 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, (III) 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 OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THESIXTYONE 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 THESIXTYONE 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.
The WEBSITE is controlled and offered by THESIXTYONE from its facilities in the United States of America. THESIXTYONE makes no representations that the WEBSITE is appropriate or available for use in other locations. Those who access or use the WEBSITE from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless THESIXTYONE, its parent corporation, 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 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 WEBSITE.
You affirm that you are either more than 18 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 WEBSITE is not intended for children under 13. If you are under 13 years of age, then please do not use the WEBSITE. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by THESIXTYONE without restriction.
You agree that: (i) the WEBSITE shall be deemed solely based in California; and (ii) the WEBSITE shall be deemed a passive WEBSITE that does not give rise to personal jurisdiction over THESIXTYONE, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and THESIXTYONE that arises in whole or in part from the WEBSITE shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at http://www.thesixtyone.com/static/privacy/ and any other legal notices published by THESIXTYONE on the WEBSITE, shall constitute the entire agreement between you and THESIXTYONE concerning the WEBSITE. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and THESIXTYONE's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. THESIXTYONE reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the WEBSITE following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THESIXTYONE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE THESIXTYONE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.