TERMS OF USE

INTRODUCTION

Welcome to the Artist Authorized website. Artist Authorized is sometimes referred to herein as 'we,''us' or 'our'. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ARTIST AUTHORIZED SITE. By using Artist Authorized you agree to these terms of use. If you do not agree to these terms of use, you may not use the Artist Authorized website. You also grant Artist Authorized the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time in accordance with the procedures set forth below in section labeled "Amendment."

CONSIDERATION

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge receipt and value of such consideration, including, without limitation, your use of the Artist Authorized website.

RESTRICTIONS ON USE OF MATERIALS

All information, content and materials contained on the Artist Authorized website is our copyrighted property or the copyright of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and our licensees. No information, content or material from the Artist Authorized website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as we may expressly authorize from time to time in writing. The use of the Artist Authorized website is only for your personal use. You may not use the Artist Authorized website for commercial purposes or unlawful purposes, or in any way that harms us or any other person or entity, as determined in our sole discretion. Any files or images you download from the Artist Authorized website shall be for your personal, noncommercial home use only except as may be expressly authorized by us. We do not transfer title to any of Artist Authorized intellectual property and we retain full and complete title to any and all intellectual property rights therein.

SUBMISSIONS

We are pleased to hear from our visitors and welcome your comments regarding Artist Authorized. However, we are not able to accept or consider unsolicited creative ideas or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own. Please do not send us any unsolicited materials of any kind.

SITE RULES

The following is a list of rules applicable to the Artist Authorized site. By using the Artist Authorized site, you agree that:

(a) You will not submit, post, upload, distribute, or otherwise make available or transmit any software or that contain a virus or other harmful component, or otherwise impair or damage the Artist Authorized site or an network, or otherwise interfere with any person or entity's use or enjoyment of the Artist Authorized site'
(b) You will not impersonate any person or entity or misrepresent your identity or affiliation with any person, firm or corporation, or imitate or otherwise falsely use another person's name, likeness, voice, image or photograph;
(c) You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademarks or any logos;
(d) You will not engage in (or attempt to engage in) any criminal activity including, without limitation, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, or otherwise use or attempt to use the Artist Authorized site to commit any criminal activity.
(e) We cannot and do not assure that other users are or will be complying with the rules or any these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from compliance.

WE MAY CHANGE THE ARTIST AUTHORIZED SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME FOR ANY REASON OR NO REASON.

PUBLIC FORUMS AND COMMUNICATION

"Public Forum" means an area, site or feature offered as part of Artist Authorized that enables users or visitors Artist Authorized site to submit, post, display and/or view content and/or to communicate with other users, visitors and members of the general public including, without limitation, a chat area or message board, profile page, conversation page, or e-mail functionality.

You acknowledge that anything you submit to Artist Authorized by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We reserve the right to screen, refuse to post, remove or edit content in Public Forums at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen content in Public Forums, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your postings including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any content contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.

Your ability to access and browse content within a Public Forum and/or to submit and/or post content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.

We reserve the right, but disclaim any obligation or responsibility, to remove any content (a) that violates these terms of use and (b) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Artist Authorized site in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such content and turn all or a portion thereof over to law enforcement officials.

DISCLAIMER
THE INFORMATION, CONTENT AND MATERIALS ON THE ARTIST AUTHORIZED SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY INFORMATION, CONTENT AND MATERIALS ON THE ARTIST AUTHORIZED SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ARTIST AUTHORIZED SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ARTIST AUTHORIZED DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE ARTIST AUTHORIZED SITE, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE ARTIST AUTHORIZED SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content found on sites that link to or from the Artist Authorized site. We cannot ensure that you will be satisfied with any product you purchase from a third-party site that links to or from the Artist Authorized site or third-party information, content o contained on our sites. We do not endorse any artist using the Artist Authorized Logo or any product or recording sold by such artist, nor have we taken any steps to confirm the accuracy, completeness or reliability of, information, content or materials contained on any third-party site or disseminated by any artist utilizing the Artist Authorized brand.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your email address, and all activities that that occur in your name. You hereby agree to indemnify, defend, and hold us, our licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against an damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with or arising out of any breach by you of these terms of use or claims relating to your use of the Artist Authorized site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE ARTIST AUTHORIZED SITE OR CONTENT, MATERIALS OR FUNCTIONS ON THE ARTIST AUTHORIZED SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ARTIST AUTHORIZED SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE ARTIST AUTHORIZED SITE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN ARTIST AUTHORIZED AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE ARTIST AUTHORIZED SITE IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER OF LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in Travis County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that information, content or materials on the Artist Authorized site are appropriate or available for use in any particular location. Those who choose to access the Artist Authorized site do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.

AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use a notice, and it is your responsibility to review these terms of use for any changes. Your use of the Artist Authorized site after the amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms.

TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms of use solely by discontinuing use of the Artist Authorized sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise. If you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:

Artist Authorized
2810 South First Street, Suite 201
Austin, Texas 78704

We may immediately terminate these terms of use with respect to you and without notice to you in our sole discretion. Upon termination, you must cease use of the Artist Authorized site and all materials obtained from the Artist Authorized site and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, repeat infringers of the rights of others.

GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the State of Texas and of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ARTIST AUTHORIZED SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

NOTIFICATIONS UNDER DMCA

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Service Provider: Artist Authorized

Name of Agent Designated to Receive Notification of Claimed Infringement: Nikki Rowling

Full Address of Designated Agent to Which Notification Should be Sent:
2810 South First Street, Suite 201
Austin, Texas 78704

Telephone Number of Designated Agent: (512) 646-4986
Facsimile Number of Designated Agent: (512) 646-4987
E-Mail Address of Designated Agent: designated.agent@artistauthorized.com

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have 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;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on the Artist Authorized site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;

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;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district including Travis County, Texas, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.