Terms of use

iLike Web Site Terms and Conditions as August 12, 2009

 

Welcome to the family!

 

The Service and the Purpose of These Terms

 

This agreement pertains to your access to iLike.com; the iLike applications on Facebook®, Bebo, hi5, Myspace, Orkut, Slide, and other social platforms; iLike widgets designed for embedding on any website; the iLike Sidebar desktop plugin for iTunes, Windows Media Player, and other media players; GarageBand.com; i-Cast.com; iCast.com; and Gcast.com Websites (collectively referred to herein as "Websites"); the iLike Developer Platform; and any other online services offered by iLike (all collectively the "Service"). These Terms include the policy for acceptable use of the Service and content posted on the Service and set forth your rights, obligations and restrictions regarding use of the Service. You may receive a copy of this Agreement by emailing us at: termsofuse@ilike-inc.com, Subject: Terms of Use Agreement.

 

We have attempted to lay out in this document all terms and conditions for the safe and fruitful interaction of the members of our varied community. If a matter or dispute arises that is not covered by these terms, it will be resolved at Company's sole discretion, but in conversation with the affected parties and within the governing law. If a member disagrees with the resolution, their recourse will be to delete their account.

 

Your Agreement

 

A. The Service, is provided by iLike, inc. doing business as iLike and GarageBand Records ("Company"). You may use the Service as a "Visitor" (meaning that you browse a webpage with the Service) or a "Member" (meaning you register for the Service, including clicking on the "I Accept" button or checking the "I Accept" box). The word "User" in these Terms refers to both Visitors and Members. These Terms and Conditions ("Terms" or "Agreement") are a legal agreement between you and iLike, inc.

 

B. By using the Service as a Visitor or Member, you: (a) agree to be bound by the Terms, (b) represent and warrant that you are authorized to bind yourself or any entity (your band, broadcast, and/or your company) on whose behalf you enter into the Terms and (c) represent and warrant that any such entity agrees to be bound by these Terms. Please read these Terms carefully and save them. If you do not agree with them, you should leave the iLike.com, GarageBand.com, i-cast.com, or Gcast.com website and should not register for the Service.

 

1. General

 

1.1 In consideration for your use of the Service, you represent and warrant:

 

1.2. Authority To Enter This Agreement. You have all necessary right, power and authority to enter into and perform as required under this Agreement. You are not barred from receiving the Service under the laws of the United States or other applicable jurisdiction.

 

1.3. Age. You are 13 years old or older. Under United States law, you must be at least 13 years of age to use this Service. (Children's Online Privacy Protection Act of 1998 at http://www.ftc.gov/ogc/coppa1.htm).

 

1.4. Accuracy. All information provided by you to Company is true, accurate, valid, current and complete. Your e-mail address is regularly checked. If you do not provide such information, or Company reasonably suspects that you have not, Company has the right to suspend or terminate your account and refuse any and all use or access to the Service, including forfeiture of any prizes or awards won in any Contest.

 

2. Additional Terms And Modification Of Terms

 

2.1. Additional Terms. To use the Service, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into these Terms.

 

2.2. Third Party Terms. The Service may integrate with other services provided by third parties. If you access or use the Service through a third party website or other interface, or use a software or other product in connection with the Service, you may be subject to additional terms and conditions.

 

2.3. Modification of Terms. Company may modify these Terms from time to time. You agree that such modification shall be effective upon posting on the Websites and you will be bound to any changes when you use the Service after such modification is posted. It is therefore important that you review these Terms on the Websites regularly to ensure you are updated regarding any changes. If the modification constitutes a material change, we may notify you via Company's internal messaging service ('BBS Backstage Mail' or other service) or via internet mail to the address provided in your Account Profile. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. Notice will be considered to have been delivered once sent or posted. Any use of the Service after alteration of the Terms will constitute acceptance by you of such changes. Your sole remedy should you not agree with the altered Terms shall be close your account and to cease use of the Service.

 

3. Your Conduct And Activities During Use Of The Service

 

3.2. Personal Non-Commercial Use. You agree that: (a) your account is for your sole, personal use (or the entity on whose behalf you are entering into this Agreement); (b) you will not authorize others to make any use of any kind of your account or profile; (c) except as expressly authorized by this Agreement, you will not make any use (of any kind) of the Service, this site, or its contents for any commercial purposes, nor will you authorize others to do so.

 

3.3. Password, Account And Security. You agree to keep your password secure and confidential and not to disclose it to anyone and will not permit any third party to access your account. You agree to notify Company immediately of any actual or suspected unauthorized use of your password or account or other breach of security.

 

3.4. Unauthorized Conduct. You agree that you will not engage in any illegal or prohibited conduct, on or through the Service or its Websites, including but not limited to the following:

 

3.4.1. Illegal Activity. You agree not to: (i) engage in any: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, or sending of viruses or other harmful files; copyright infringement, patent infringement, or theft of trade secrets; or violation of export control laws or any and all applicable local, state, national and international laws and regulations in connection with your use of the Service; or (ii) use the Service for any illegal or unauthorized purpose. International Users must comply with all local laws regarding online conduct and acceptable content.

 

3.4.2. Advertising Or Solicitation. You agree not to: (i) create, upload, post, e-mail, transmit, submit or otherwise make available unsolicited commercial messages to any Users except in areas designated for such purpose; (ii) engage in advertising to, or solicitation of, any User to buy or sell any products or services; (iii) collect usernames and/or email addresses for the purpose of sending unsolicited email; (iv) use any information obtained from the Service or its Websites in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Company reserves the right to restrict the number of messages which a User may send to other Users in any 24-hour period to a number which Company deems appropriate in its sole discretion. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed by Company without notice and may result in termination of your account;

 

3.4.3. Obscuring Advertisements. You agree not to cover or obscure the banner advertisements on your personal profile page, or any of the Services web pages via HTML/CSS or any other means;

 

3.4.4. Scripting, Hacking Or Interfering. You agree not to: (i) make any automated use of the system, (such as through scripts, data mining, robots, screen-scraping, or similar data gathering and extraction tools); (ii) make available any material that contains software viruses, worms, any other code, files or programs of a destructive nature (or designed to interrupt, destroy or limit the functionality of the Service or user software or hardware); (iii) interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service; or (iv) act in a manner that negatively affects the ability of other Users to use the Service or engage in real-time dialogue via the Service's messaging services;

 

3.4.5. Impersonation And Use Of Another's Account. You agree not to (i) attempt to or actually impersonate another User or person; (ii) use any information obtained from the Service in order to impersonate another User or person or (iii) use the account, username, or password of another User at any time;

 

3.4.6. Harassment. You agree not to abuse, harass, threaten, intimidate or harm Users or another persons or use any information obtained from the Service in order to do so;

 

3.4.7. False Association And Attribution. You agree not to (i) engage in any conduct or statement which states or implies any false association between Company or its Service and yourself or another entity, (ii) forge or manipulate headers or identifiers in order to disguise the origin of any content transmitted through the Service; or (iii) misattribute or otherwise claim as your own the copyrighted works of another party.

 

3.5 Unauthorized Content. The following prohibitions are applicable to all information that you upload to or through the Service (including, but not limited to, any songs, band information, audio, sounds, video, data, images, graphics, photos, text, information, screen names, profiles, newsletters, gig listings, playlists, podcasts, blogs, broadcasts, messages, software, XML, RSS, HTML and links) ("Content"). You agree that you will not post or transmit any prohibited Content, including but not limited to the following:

 

3.5.1. Inappropriate Material. You agree not post on the Service, or transmit to other Users any Content or material which: (i) is illegal, inaccurate, false, misleading, defamatory, abusive, obscene, profane, vulgar, tortious, libelous, patently offensive; (ii) promotes illegal activities or furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (iii) is sexually oriented or sexually explicit, or which contains nudity or obscene or lewd subject matter, exploits people in a sexual manner, contains a link to an adult website, or uses sexually suggestive imagery; (iv) solicits personal information from anyone under 18; (v) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (vi) provides any telephone numbers, street addresses, last names, URLs or email addresses of any other person; (vii) includes a photograph of another person that you have posted without that person's consent; (viii) is excessively violent or exploits people in a violent manner; (ix) is threatening, harassing or abusive, or which advocates threats against, harassment of or abuse of another person; (x) is hateful, harmful or racially offensive, or which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (xi) infringes or violates another party's rights (including, but not limited to, copyrights, licenses, other intellectual property rights, contractual or fiduciary rights and obligations, and rights of privacy and publicity); (xii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (xiii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (xiv) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xv) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (xvi) contains unfair, misleading or deceptive Content intended to draw traffic to the profile or other page; or (xvii) otherwise offensive or objectionable.

 

3.5.2. Personal Information. Publicly available profiles posted by a User or other publicly accessible information made available by the User may not include their telephone number, street address or last name;

 

3.5.3. Content Of Other Users. The Service contains Content of Users and other licensors. Except for Content posted by you or as expressly authorized by this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service or its Websites.

 

3.6. Linking. When you post or link an outside website to Content hosted on Company's servers, you must provide a link back to the corresponding display page on the Service's website for each item of Content. However, you must not embed mp3 Content hosted on the Service's Websites on outside websites that cause such Content to "autoplay" unless using features and services provided by the company created expressly for this purpose.

 

3.7. Maintenance. You agree to (a) maintain and promptly update your account information to keep it true, accurate, current and complete; (b) maintain an accurate, up to date, valid, and regularly checked email address for the purposes of receiving notification of changes to these Terms, and (c) ensure that messages from Company are not being filtered, altered, or blocked by your email software or service.

 

3.8. You Are Responsible For Your Conduct And Your Content. With respect to the Service, you are fully and solely responsible for (a) any activity that occurs under your screen name, password or account, including any violation of this Agreement, (b) your own conduct and your interactions with other Users, and (c) any Content, material or information that you upload, create, post, display, publish, e-mail, communicate, transmit or otherwise make available, or which you transmit to other Users.

 

3.9. Company's Rights Regarding Conduct And Content. Company reserves the right to investigate and take appropriate action against anyone who, in Company's sole discretion, (a) violates the foregoing provisions regarding prohibited conduct and Content, (b) violates or is alleged to violate any applicable law or the letter or spirit of this Agreement, (c) engages in conduct which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company's action may include, without limitation, reporting you to law enforcement authorities, terminating your account, removing, refusing or moving offending Content from the Service or Websites. If a dispute or claim arises from Content, Company reserves the right to remove the Content until a bona fide resolution has been reached. Company is in no position to resolve such claims or disputes, and we will not referee your disputes. There are no assurances whatsoever that any Content you submit shall actually be utilized on the Company site or, if so utilized, continue to be available for any particular time.

 

3.10. Disclaimer Regarding Conduct And Content. Despite the above-stated prohibitions on inappropriate conduct and Content, information provided by Users and conduct of Users may violate some or all of the foregoing prohibitions. Company does not endorse and has no control over the conduct or Content of its Users. User conduct and Content is not necessarily reviewed by Company and does not necessarily reflect the opinions or policies of Company. Company assumes no responsibility or liability for this conduct or Content and makes no warranties, express or implied, as to User conduct or Content, including its accuracy or reliability, or of any material or information that you or other Users transmit by or through the Service. Company assumes no responsibility for monitoring the Service or Websites for inappropriate conduct or Content. If at any time Company chooses, in its sole discretion, to monitor the Service or Websites, Company nonetheless assumes no responsibility to modify or remove any inappropriate Content, and no responsibility for the conduct any User.

 

3.12. Reporting. If you become aware of misuse of the Service or its Websites by any person, including any inappropriate conduct or Content, please contact Company at abuse@garageband.com.

 

4. Proprietary Rights In Content That You Provide To The Service

 

4.1. You Have All Necessary Rights. For all Content that you upload to the Service, you represent and warrant that (a) you own or otherwise have all rights, approvals, licenses and/or consents necessary to submit the Content and (b) that use of the Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Service. You further guarantee that the compositions, recordings, lyrics, text and other materials contained in the Content are original, created only by you or the entity on whose behalf you are entering into this Agreement and do not contain any "samples" or excerpts that would infringe on the copyrights of others and do not otherwise infringe on the rights of any other individuals or companies.

 

4.2. Your Ownership Of Proprietary Rights In Uploaded Content. Company does not claim ownership of any intellectual property rights over the Content (including text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials) that you upload to the Service. Any intellectual property rights, including the copyright, in uploaded Content belongs solely to you, subject to the non-exclusive license granted herein. After uploading your Content to the Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.

 

4.3. License Of Uploaded Content To Company. By displaying or publishing ("uploading") any Content on or through the Service or its Websites, you hereby grant to Company a limited license to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display, reproduce, and distribute such Content (in whole or in part) or prepare derivative works, in any format or medium now known or later developed, and synchronize such Content with photo slideshows or video solely on and through the Service, its Websites or its affiliates. The license is non-exclusive (meaning you are free to license your Content to anyone else in addition to Company), fully-paid and royalty-free (meaning that Company is not required to pay you for the use on the Service or its Websites of the Content that you upload), sublicensable (so that Company is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service and Websites and to permit Users to view, hear, read, stream, download and link to your Content), and worldwide (because the Internet, the Service and the Websites are global in reach). The license does not grant Company the right to distribute your Content outside of the Service or its Websites. Except as otherwise provided herein, Company may not transfer or sell its Content license to others. You represent and warrant that you have sufficient ownership rights to grant this license.

 

4.4. License For Syndication. You also grant Company the right to use and sublicense the Content, such as songs, Gig Listings and Band Information (including, but not limited to, names, likenesses, biographical material, logos, marks or trade names of you or any individuals performing or otherwise represented in the Content or the artist or band included or referred to in the Content) for the purposes of syndication of Company's products and services, including, without limitation, by syndicating and embedding widgets and band pages on third party websites, at Company's discretion, without any payment to you or any other persons or companies. Company may sublicense its right to display your Band Information and Gig Listings to anyone.

 

4.4.1. License For Promotional Purposes. If you register your band via the GarageBand.com interface, or if you have specified label type "Unsigned" when registering your band via the iLike.com interface, you grant Company the right to use the Content, such as songs, Gig Listings, and Band Information for the purpose of promotion of Company's products and services without any payment to you or any other persons or companies. For bands registered via the iLike.com interface, you may rescind this right at any time by changing the designation of your band's label type to something other than "Unsigned".

 

4.5. Waiver of Performance Royalties. You grant Company a waiver of any performance royalties on the Content when performed by Company in a broadcast format such as internet radio, satellite radio, or terrestrial radio. You represent that you have sufficient ownership of rights in the Content to grant Company such waiver.

 

4.5.1. Sub-waiver of Performance Royalties. If you register your band via the GarageBand.com interface, or if you have specified label type "Unsigned" when registering your band via the iLike.com interface, you grant Company the right to waive, on your behalf, any performance royalties on the Content when performed by a third party in a broadcast format such as internet radio, satellite radio, or terrestrial radio. You represent that you have sufficient ownership of rights in the Content to grant Company such waiver. For bands registered via the iLike.com interface, you may rescind this right at any time by changing the designation of your band's label type to something other than "Unsigned".

 

4.6. Distribution Controls. We encourage users to make their Content available under terms that, in our opinion, are more user-friendly than have become standard in most jurisdictions. Accordingly, we offer the ability to mark your Content as, (a) available only in streaming format (not downloadable), (b) downloadable in MP3 format or (c) as licensed under a Creative Commons license. When you select (a) available only in streaming format, your music may still be downloaded in MP3 format by registered radio partners of Company for the purpose of digitally broadcasting your music. By selecting to mark your content as licensed under a Creative Commons License, you explicitly agree to releasing your song to the commons as described at www.creativecommons.com. Company may for legal or operational reasons, change the options available for control over distribution of Content. If we do this we will attempt to select the new option that best fits your original choice. This will constitute a material change of these terms and we will notify you as explained herein. Your option after receiving such change is to pick a different option than the one we chose for you, or delete the Content.

 

4.7. Content Removal. You can remove your Content at any time by deleting your account. Deletion of your account will not terminate any Content licenses granted prior to deletion of your account.

 

5. Proprietary Rights In Company's And Third-Party Content And Technology

 

5.1. Company's Ownership Of Proprietary Rights. The Service contains Content and technology of Company that is protected by copyright, trademark, patent, trade secret and other laws.

 

5.2. Created Content. Any content created using the Service shall be owned by Company. For example, all copyrights in reviews, ratings, rankings, charts, playlists, podcasts, blogs, newsletters, broadcasts, XML, and RSS shall be owned by Company and licensed to you and other users of the Service pursuant to the terms hereof.

 

5.3. Service. You acknowledge that the Service contains copyrighted material, trademarks, and other proprietary information of Company and its licensors and you agree that except for the limited license granted hereunder, all right, title and interest to the Service and the contents therein remains with Company or third parties.

 

5.4. Websites. As between Company and you, the compilation of content comprising the Service and its Websites (including, for the avoidance of doubt, any playlists, whether user-generated or otherwise) are the exclusive property of Company and protected by U.S. and international copyright laws.

 

5.5.. Software. All software used on this site is the property of Company or its software licensors and is protected by United States and international copyright laws. You agree not to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on any of the software constituting or provided through the Service. You agree not to circumvent any technology used by Company or its licensors to protect content accessible via the Service.

 

5.6. Trademarks. Evolution Artists, iLike, iLike.com, GarageBand, GarageBand.com GarageBand Podcast Studio, Goldmember, "In The Spotlight", Soundcheck , i-Cast, iCast, Gcast, Gcast.com and Ijam trademarks and servicemarks are the property of iLike, inc. ("the Marks"). Without prior permission from iLike, inc., you agree not to display or use the Marks in any manner.

 

5.7. Patents. One or more patents apply to this site and to the features and Service accessible via the site, including the patent-pending technologies for Review Process using Lathroum Preference Engine, "Roll-Your-Own" Radio Station, Method for Creating and Accessing Podcasts, and Method for Discovery of Music within a Social Network. You agree that all rights, title and interest to such patents remain with iLike, inc.

 

5.8. Limited License Of Company Content To User. Subject to the terms and conditions hereof, Company hereby grants you a limited, revocable, nonsublicensable license to display the Company Content (excluding any software code) solely for your personal use in connection with viewing the Service's Websites. No other rights are granted to User in Company Content other than those rights granted explicitly herein. You agree to comply with any distribution controls and terms applicable to content made available through the Service, as set forth in Paragraph 4.6. You further agree to comply with all other restrictions on copying and distribution of content stated in these Terms.

 

6. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Company to terminate all privileges of any User who repeatedly infringes the copyright rights of others upon receipt of 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 Service or its Websites in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service or its Websites; (iv) your address, telephone number, and email address; (v) 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; (vi) 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:

 

By email: copyright@iLike-inc.com (Attn: Copyright Agent). With a copy by mail to: iLike, inc., 1617 Boylston Ave, #206, Seattle, WA 98122 (Attn: Copyright Agent).

 

7. Privacy Policy. You are aware of our Privacy Policy located at http://www.ilike.com/privacy. Use of the Service is governed by the Privacy Policy, which is incorporated into this Agreement by this reference. In the event of an inconsistency between these Terms and the Privacy Policy, these Terms shall control.

 

8. Service Terms

 

8.1. General. Company reserves the right, but has no obligation, to take any of the following actions in its sole discretion at any time and for any reason, and you agree that we will not be liable to you or any third party for taking any of these actions.

 

8.2. Company's Right To Control Service. Company reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) by you, or to restrict, suspend, or terminate any license granted hereunder and/or your access to all or any part of the Service or its Websites at any time, for any or no reason, with or without prior notice, and without liability.

 

8.3. Fees. You acknowledge that Company reserves the right to charge for the Service and its Websites and to change its fees from time to time in its discretion. If Company terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

 

8.4. Monitoring. Company may monitor the Content available on the Service.

 

8.5. Availability. Company may change, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Company shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service. Company has no obligation to continue producing or releasing new versions of the Service or any associated software and/or Content.

 

8.6. Account Access. Company may restrict, suspend, or terminate your access to all or any part of the Service, deactivate your account, or delete your account and all related information and files in your account. You acknowledge, consent and agree that Company may access, preserve, disclose or delete your account information and Content if required to do so by law or in a good faith belief that such act is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its users and the public. After a period of inactivity, Company reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the name associated with that account may be given to another Registered User without notice to you or such other party.

 

9. Additional Specific Service Conditions The service-specific terms and conditions below apply to the service(s) referenced and, subject to the next sentence, apply in addition to, and shall not serve to limit, the general terms and conditions of this Agreement. However, to the extent that the terms and conditions below conflict with the general terms and conditions of this Agreement, the terms and conditions below will control solely with respect to the specific service to which they refer.

 

9.1. Customized (Radio) Partner Feed. Registered users who request a Customized (Radio) Partner Feed (accessible at "http://www.GarageBand.com/htdb/feed/[screenname].html") commit to contribute to the Company community by either adding five songs from the Company catalog to their broadcast each month or doing at least five reviews each month.

 

9.2. Contest Entry. As used herein the "Contest" shall mean the ongoing reviewing, ranking and rating of songs via the GarageBand.com Review Process. Entrants receive Audio Hosting for the entered song and approximately 20 reviews in the first round of competition in competition with similar songs entered into the contest at approximately the same time. Company reserves the right to determine which songs are "similar" to other songs. The top performers in this round and each subsequent round are promoted to the next round where they are awarded additional reviews in competition with other similar songs promoted at approximately the same time. Your Contest Entry entitles you only to the first round of review and all subsequent rounds, reviews and rankings are unpaid-for Awards for winning the first round. Performance in the contest may earn you additional Awards (including but not limited to badges, promotional opportunities, cash awards, prizes and contract opportunities).

 

9.3. Live365 Submission. If you purchase a Live365 Submission and submit any audio or visual material ("Material") you hereby grant additional rights to Company as follows:

 

9.3.1. Additional License Regarding Live365 And Other Radio Partners. You authorize Company to grant on your behalf the following with regards to your Audio Content: a current, non-exclusive, worldwide, and fully paid-up up license to Live365, Live365's DJs, and any other digital radio partners existing today or added in the future ("Radio Partners") to:

 

Reproduce, distribute, perform publicly, display publicly, and perform digitally the Material in whole or in part, to the extent deemed necessary by Company or Radio Partners, each in its sole discretion, in connection with the digital broadcasting of the Material via the Radio Partner's digital radio service and the advertising, promotion and marketing of the Radio Partner's website and services; use any trademarks, service marks or trade names incorporated in the Material or associated with any artists, producers or other individuals whose performances are embodied in the Material, to the extent deemed necessary by Company or Radio Partners, each in its sole discretion, in connection with the digital broadcasting of the Material via the Radio Partner's digital radio service and the advertising, promotion and marketing of the Radio Partner's website and services; use the name and likeness of any artists, producers or other individuals whose performances are embodied in the Material, to the extent deemed necessary by Company or Radio Partners, in its sole discretion, in connection with the digital broadcasting of the Material via the Radio Partner's digital radio service and the advertising, promotion and marketing of the Radio Partner's website and services.

 

9.3.2. Collective Bargaining. You further agree and acknowledge that Company and our Radio Partners are not a signatory to any collective bargaining agreement and are not obligated to make any payments under any such agreement.

 

9.3.3. Disclaimer. Without limiting any other provision of this Agreement, you agree that Company and our Radio Partners shall not be obligated to obtain any other license, from any person, firm, corporation or other entity, in connection with the exploitation or use of any of the Material, trademarks, trade names, names and likenesses, and/or any other rights granted by you to Company or our radio partners in this Agreement, in any country or territory of the world, including, without limitation, any performance right organization, mechanical royalty collection organization or society (including the Harry Fox Agency and NMPA), music publisher, administrator, record label or other company.

 

9.4. Audio Hosting. As used herein "Audio Hosting" shall mean the upload, storage, web serving, and streaming of a single unit of digital audio media and associated metadata.

 

9.5. Gig Listing. As used herein "Gig Listing" shall mean text information announcing the details of a musical performance. This information may be but is not obligated to be displayed in a variety of ways including but limited to websites, newsletters, and XML documents.

 

9.6. Playlist and Blog Programming (podcasts). As used herein the "podcasts" shall mean a sequential series of posts containing text, audio, and other media, and a corresponding multimedia XML file conforming to the RSS specification.

 

9.7. Featured Gig ("In The Spotlight"). As used herein "Featured Gig" shall mean a Gig Listing receiving promotion above what a normal Gig Listing receives (potentially including being listed with earlier notice, promoted to a wider area and visually highlighted in display formats of the Gig Listings).

 

9.8. Gold Membership. As used herein the "Gold Membership" shall mean a bundled product including unlimited Audio Hosting, one Featured Gig, one Contest Entry and private statistics regarding songs' performance in the Contest, all conferred as benefits for a single band.

           

9.9. Payment. If by reason of death or disability you are unable to receive the Service for which you contracted, you and your estate may elect to be relieved of payment obligations for the Service excepting those received before death or onset of disability.

 

9.10. iLike.com and iLike Sidebar Beta. You agree that you recognize that the iLike.com website is currently a 'beta' release and is undergoing testing. You further agree that you recognize that the iLike Sidebar is currently a 'beta' release and is undergoing testing. You agree that you understand that iLike.com and the iLike Sidebar may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' still being actively fixed by Company's engineering team and may have other issues affecting availability and functionality.

 

9.11. Album Art and Music Samples On iLike.com. You acknowledge that album art and music samples made available by iLike, inc. at iLike.com or any of its affiliate websites or services are the copyrighted, trademark and proprietary information of third-parties and, with respect to such material, any reproduction, publication, further distribution or public exhibition of materials provided at this site, in whole or in part, is strictly prohibited.

 

9.12. The iLike Sidebar. If you choose to install the iLike Sidebar, the terms of this Agreement apply to such installation and use. Further, you specifically agree to the following terms and conditions:

 

9.12.1. You are specifically aware of and agree to the terms our Privacy Policy located at http://www.ilike.com/privacy concerning the iLike Sidebar. In particular, you agree that, if you choose to install the iLike Sidebar, you understand that it operates as follows:

 

(i)              The iLike Sidebar will be sending your music listening data (including a list of all songs and playlists in your music library on your computer) to the iLike.com servers. When you install the iLike Sidebar and create a user account on iLike, you opt-in to use iLike's clip-matching technology, whereby select clips of songs from your library will be uploaded to iLike servers, and matched with music metadata collected from your friends and other iLike users. This is designed to make sure the sample-clips of music that display on your profile are appropriately representing the music you listen to in your library, and to ensure broad availability of audio clips to enhance music discovery for all our users. You may choose to opt out of this process at any time by changing your iLike account settings.

 

(ii)             This data will be saved by iLike, inc in our databases;

 

(iii)            However, by choosing to install the iLike Sidebar, your music listening data and songs in your music library are reported publicly in a personally identifiable way, but within your control. Specifically, part of the functionality of the iLike.com website is that you may create a personal profile that publicly reflects your music listening habits as determined by the iLike Sidebar. Your music listening data is also used to generate music recommendations, as well as to calculate music-compatibility scores with other users on iLike;

 

(iv)            The iLike Sidebar is designed to automatically self-update itself (without asking permission from you). You specifically agree that Company may automatically update and install new software upgrades for the iLike Sidebar, without any action by you.

 

9.12.2. The iLike Sidebar incorporates the Adobe® Flash® run-time and Adobe® Flash® Player software (collectively 'Flash Software') by Adobe Systems Incorporated, Copyright 1995-2006 Adobe Macromedia Software LLC. All rights reserved. Adobe and Flash are trademarks of Adobe Systems Incorporated.

 

9.12.3 You agree that the Flash Software is the property of Adobe Systems, Incorporated. You agree that any reproduction or copying, publication or distribution of the Flash Software, in whole or in part, is strictly prohibited.

 

9.12.4. You agree not to translate, reverse engineer, decompile, disassemble, or otherwise reduce the Flash Software to a human-perceivable form. You agree not to modify or create derivative works based on the Flash Software. You agree not to circumvent any technology used to protect the Flash Software.

 

9.12.5. You agree that all disclaimers and limitations of liability set forth in Paragraphs 12.1 through 12.8 and Paragraph 13 set forth below apply to your download or use of the Flash Software.

 

9.13. Self-service advertising purchase system. All advertising purchased through Company's self-service promotion tools are considered final sales. If you enter a "maximum budget" for a promotional campaign, by submitting your payment information (credit card or bank information) you commit yourself to the payment of the maximum budget, without any refunds. If, however, Company fails to deliver the advertising or promotion to fulfill the cost expressed by your maximum budget, then Company shall refund the unspent amount, or, if your account has not yet been charged, Company shall deduct the unspent amount from the balance that is charged to your account. All sales of advertising through the Company dashboard for self-service promotion are considered final.

 

9.14. iLike Developer Platform. The "Developer Platform" means the application programming interface provided by iLike (including any related software) (the "API"); the embeddable widgets supplied by iLike (including without limitation HTML, FBML, JavaScript, FBJS, or SWF); and all information and documentation provided by iLike specifying or concerning the API or the Developer Platform, and any iLike-supplied implementations or methods of use of the API or Developer Platform (the "Documentation"); in each case as revised or modified by iLike from time to time in its sole and absolute discretion. "Application" means any website, web page, software application or program developed or operated by you that makes use of the Developer Platform. "Developer Credentials" means information assigned to you by iLike that allows you to make use of the Developer Platform. "Marks" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of iLike supplied on or through the Developer Platform.

 

9.14.1 You may use the Developer Platform only in accordance with this Agreement and with the Documentation. Subject to the terms and conditions of this Agreement, iLike grants you a non-exclusive, revocable, nonsublicensable, nontransferable, royalty-free license to download the API and use the Development Platform to create and maintain Applications that interoperate with the Service.

 

9.14.2 You shall not directly or indirectly (or permit or assist others to): (1) reverse-engineer, disassemble, or decompile the API or any other part of the Developer Platform (except to the limited extent expressly authorized by applicable statutory law); (2) copy, redistribute, encumber, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of the Developer Platform; (3) otherwise use the Developer Platform on behalf of any third party; (4) alter the standard display or linkage of song or playlist widgets, including the display of iLike Marks, third party branding, and buttons to buy or subscribe to music; (5) copy the metadata of the iLike content library; (6) reuse the iLike music playback system in manners other than those described within the Documentation; (7) copy streaming music or other copyrighted content, including any content supplied by Rhapsody America LLC; (8) store any Content, API code or Developer Platform materials in any data repository; (9) attempt to gain unauthorized access to any portion or feature of the music playback system; (10) synchronize any audio content with any video or visual images; (11) share your Developer Credentials with others, or copy or re-use the Developer Credentials of another user of the Developer Platform; or (12) remove or alter any Mark or iLike or third-party copyright notice, trademark, or other proprietary rights notice in the API, Developer Platform, or Content. You understand and agree that iLike provides no guarantee of technical support services to you in connection with the Developer Platform.

 

9.14.3 You acknowledge that iLike may monitor your Applications for the purpose of ensuring quality, improving iLike products and services, and compliance with these terms. You shall not interfere with such monitoring or otherwise obscure from iLike your Application activity. iLike may use any technical means to overcome such interference. However, iLike is not responsible for monitoring or policing any dispute related to your use of any iLike services (including, without limitation, the Developer Platform) that may arise between you and any User or other third party.

 

9.14.4 You agree not to use the Developer Platform for any of the following commercial uses unless you obtain iLike's prior written approval:

• the sale of any part of the Developer Platform, the Content, the Service, or access to any of the foregoing;
• the sale of advertising, sponsorships, or promotions placed on or within the iLike Content or player; or

 

Prohibited commercial uses do not include:

• using the Developer Platform to show Content on an ad-enabled Application (such as an ad-enabled website or blog), subject to the advertising restrictions set forth above in this Section 9.14.4;
• the placement of your own branding on the Application, provided that it does not interfere with Content or with any Marks;
• the sale or distribution of any device that contains or runs an Application; or
• any use that iLike expressly authorizes in writing.

 

9.14.5 You agree not to interfere or attempt to interfere in any manner with the proper workings of the Development Platform. You shall not remove, alter, cover, obfuscate, and/or otherwise interfere with any Content, including without limitation any advertising content and/or metadata or other information connected with the Content, and you shall not create or distribute any Application that adversely affects the functionality or performance of the Service. Your duty not to interfere includes, but is not limited to, your duty to respect all geographically based Internet Protocol (IP) restrictions, if any, implemented by iLike. Any implementation of the Development Platform that circumvents or renders ineffective such IP restrictions, including blocking, cloaking or modifying any IP address, is expressly prohibited.

 

9.14.6 iLike may, in its sole and absolute discretion, set a streaming, implementation or other usage limitation on your API usage. You shall not attempt to exceed automated usage restrictions. You shall not attempt to aggregate your use or representation of accounts for the purpose of manipulating usage limitations.

 

9.14.5 If your Application enables you or any party to gain access to information about users of the Application, including but not limited to personally identifying and non-personally identifying usage information, you or the party receiving the information must make publicly available, and abide by, a privacy policy that complies with all applicable laws and regulations, and you must clearly post a link to such privacy policy at the point such information is collected. Your Applications may not be designed or implemented in a way that might mislead a user into believing he or she is interacting directly with iLike when interacting with any of your Applications, or that any of your Applications were created by or are endorsed by iLike, as determined by iLike in its sole discretion.

You will not (i) directly associate iLike, the API or any Content with a specific advertiser or sponsor, or (ii) position any advertising, promotion or sponsorship so as to imply an "endorsement" by iLike or any provider of Content of a particular advertiser or sponsor or any product or service thereof, including any of your products and services.

 

9.14.6 You understand and acknowledge that iLike may develop and be developing products or services that are competitive with the Developer Platform, your Application, or other products or services.

 

9.14.7 Goodwill in the iLike Marks will inure only to iLike's benefit and you obtain no rights with respect to any of them. You irrevocably assign and will assign to iLike any right, title and interest that you obtain in any of iLike's Marks. You shall not at any time challenge or assist others to challenge iLike Marks or their registration (except to the extent you cannot give up that right by law) or attempt to register any trademarks, marks or trade names confusingly similar to iLike's.

 

9.14.8 You agree that iLike, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Developer Platform.

 

9.14.9 Without limiting any other warranties made by you in this Agreement, you covenant, represent and warrant that (a) you own and/or have obtained and will maintain the necessary legal rights to provide all content contained in or transmitted through the Application (other than Content), and neither such content nor the Application will infringe or violate any intellectual property or other rights of any third party; (b) the Application and any website or service that hosts, links to, or otherwise incorporates or uses your Application shall comply with all applicable laws and regulations (including, without limitation, all laws and regulations relating to spam, privacy, intellectual property, consumer protection, defamation and obscenity) and shall not contain any pornographic, hate-related, violent, or illegal content; and (c) the Application shall not contain any harmful or malicious code, including but not limited to viruses and worms.

 

9.15. Mobile Application. If you choose to submit or activate a Mobile Application (software application for iPhone, iPod Touch, or other mobile devices), you authorize (and warrant that you have the right to authorize) Company to create and market on your behalf a Mobile Application on any mobile device platform, including, without limitation, the iPhone, iPod Touch, Blackberry, Palm, Google Android, and Windows Mobile platforms, for distribution via the App Store operated by Apple, Inc and additional mobile distributors or carriers (each, an “App Distributor), provided that Company will make reasonable efforts to provide an online interface for you to selectively opt-out from individual mobile device platforms or App Distributors. Any payment you remit to Company as part of activating a Mobile Application is non-refundable. Without limiting anything contained in this Agreement, with respect to such mobile Applications, the following shall apply if you choose to submit or activate a Mobile Application via iLike:

 

(i)             You hereby grant to Company the non-exclusive right and license during the Term and throughout the universe to do all of the following in any format or medium now known or later developed: (i) use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display, reproduce, distribute and prepare derivative works of: (A) the content (in whole or in part) associated with and/or contained in the Mobile Application(s); and (B) any and all names, likenesses, biographical material, logos, marks or trade names of you or any individuals performing or otherwise represented in such content or the artist or band included or referred to in such content; (ii) market and distribute the Mobile Application(s) via App Distributor(s); (iii) to accept the standard terms and conditions for mobile applications maintained by App Distributor(s) and to perform such tasks as may be reasonably necessary to comply with such terms and conditions. Company will retain ownership of all other intellectual property rights, including without limitation interface designs, algorithms, patents, techniques, trademarks, software, and programming logic contained in the Mobile Application(s).

 

(ii)             You warrant, represent, covenant and agree: (i) that all Content uploaded to the iLike Artist Dashboard is appropriate to include in Mobile Application(s), unless such content is specifically marked as not appropriate for Mobile Application(s) (ii) you own and/or have obtained and will maintain the necessary legal rights to provide all content contained in or transmitted through the Application, and neither such content nor the Application will infringe or violate any intellectual property or other rights of any third party (iii) that any content you submit for inclusion in the Mobile Application(s) shall comply with the standard terms and conditions of the Apple iTunes App Store and other relevant App Distributors, and that non-compliance due to the nature of your content may result in rejection or removal of your Mobile Application from any or all App Distributors without any refund or compensation to you (iv) that you accept and will comply with all applicable payment terms (including, without limitation, any setup fee(s) and/or revenue sharing arrangements of Company) (v) that you will provide Company accurate payment information and tax information if requested by Company (vi) that all revenue accruing in connection with Mobile Application(s) shall be remitted to Company and in no event shall you have the right to collect such revenue.

 

(iii)             You shall have the right to set the pricing for your Mobile Application, within reasonable limits and subject to compliance with the relevant limitations of App Distributors. If you choose to distribute your Mobile Application for free, Company shall have the right to embed advertisements within Mobile Application. If you choose to sell your Mobile Application, Company shall accrue to your account, either directly or through a third party, Fifty Percent (50%) of Net Revenue, defined as all revenues collected by Company from App Distributors in connection with the distribution of a Mobile Application developed for you, less (i) any amounts due in connection with taxes, assessments, or other fees imposed by any governmental or quasi-governmental authority and (ii) any credits or refunds. If you have not provided accurate tax and payment information to Company, or if your proceeds from sales for a given currency/territory for a given month are less than $250 USD, or the equivalent in local currency, Company will withhold payment until you accumulate more than $250 USD (or equivalent) and until you provide accurate tax and payment information to Company. Company shall have the right to rely on accountings rendered to Company by App Distributors. All accountings rendered by Company, or on our behalf, shall be binding and not subject to any objection unless specific written objection, stating the basis thereof, is furnished to Company within one year from the date rendered.

 

9.16. Premium Artist Stats. As used herein "Premium Artist Stats" shall refer to the product including usage data, statistics, graphs, charts, analysis tools, and services offered for an annual subscription fee in connection with each artist managed on iLike.com. e

 

(i)             Fees and Payments. You agree to pay the subscription fees and any other charges incurred in connection with your Premium Artist Stats at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Company will bill all charges automatically to your credit card or bank account designated during the registration process for Premium Artist Stats or subsequently designated by you to iLike. If you want to designate a different credit card or bank account or there is a change in credit card validity or expiration date, or if you believe someone has accessed iLike using your username and password without your authorization, you must e-mail iLike Support. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless Company states in writing otherwise, all fees and charges are nonrefundable. Company may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. You also are responsible for any fees or charges incurred to access Premium Artist Stats through an Internet access provider or other third party service.

 

(ii)             Renewal. Your subscription will renew automatically, unless Company terminates it or you notify Company by email (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. For annual subscriptions, Company will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card or bank account on file.

 

(iii)             Accuracy and Availability. Premium Artist Stats is a database of usage information, statistics, and other content regarding an artist compiled by Company. While Company will use commercially reasonable efforts to provide accurate information, Company gives no warranty as to the accuracy of the database and other content within Premium Artist Stats or otherwise in connection with the Service. Company reserves the right to withdraw or delete information or content from Premium Artist Stats or the Service at any time. Changes are periodically added to the information herein. Company and/or its respective suppliers may make improvements and/or changes in the Premium Artist Stats at any time, with or without notice. Company does not represent or warrant that the Premium Artist Stats will be uninterrupted or error-free, that defects will be corrected, or that Premium Artist Stats or any other software on the Service are free of viruses or other harmful components. Company does not warrant or represent that the use of Premium Artist Stats will be correct, accurate, or timely.

 

9.17. Music Download Service. The Service and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) content that may be obtained by you in digital form, and you shall do so solely for your personal, noncommercial entertainment use (“Digital Content”). This Digital Content may be owned by Company or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to the Digital Content will be limited by copyright law. You agree not to make any use of the Digital Content that would infringe the copyright therein. You agree that you will not attempt to modify any software or Digital Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Content. Any permanent downloads of Sony sound recordings are sold directly by Sony Music Entertainment Downloads, LLC via Company as its agent.

 

You represent, warrant and agree that you are using the Service hereunder for your own personal, noncommercial entertainment use and not for redistribution of any kind. You agree not to redistribute, broadcast, publicly perform or publicly display any Digital Content, or otherwise transfer any copies of Digital Content obtained through the Service. Company and/or the owners of the Digital Content may, from time to time, remove Digital Content from the Service without notice. The owners of Digital Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you. Company, as a reseller to you, or as Agent for Sony Music Entertainment Downloads, LLC, does not accept orders from music dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell. THE SERVICE INCLUDING ALL PRODUCTS, DIGITAL CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM COMPANY OR ANY OWNERS OF DIGITAL CONTENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND ALL OWNERS OF DIGITAL CONTENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY NOR ANY OWNER OF DIGITAL CONTENT WARRANTS THAT THE SERVICE OR ANY DIGITAL CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

WITHOUT LIMITING ANY PROVISION HEREIN, COMPANY MAKES NO WARRANTY THAT ANY PARTICULAR MEMORY DEVICE OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THAT ANY MEMORY DEVICE OR PORTABLE DEVICE USED WITH THE SERVICE WILL FUNCTION AS DESCRIBED. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.

 

The delivery of a product or Digital Content does not transfer to you any commercial or promotional use rights in the product or Digital Content. You acknowledge that some products may contain security technology that limits your use of the products or Digital Content in accordance with the usage rules. The security technology is an inseparable part of the products and Digital Content.

 

10. Disputes Between Users. You are solely responsible for your interactions with other Users of the Service or its Websites. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.

 

11. Term And Termination

 

11.1. Term. This Agreement shall become effective upon your acceptance of the Terms by your use of the Service and shall remain in effect in perpetuity unless terminated hereunder.

 

11.2. Termination. Either you or Company may terminate your account at any time, for any reason or no reason, without explanation. You agree that Company may, without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Company shall not be liable to you or any third-party for any termination of your account, made in Company's sole discretion.

 

11.3. Public Content. With respect to Content you mark with a Creative Commons license prior to deleting your account or terminating this Agreement, such license shall survive such deletion or termination. Company's license to display, sublicense, and syndicate Band Information and Gig listings also survives deletion of your accounts.

 

11.4. Audio Hosting. You may cancel the Audio Hosting agreement by deleting your Audio Content from your account at any time and if you cancel within thirty (30) days of purchase, you are entitled to a no-questions-asked refund. Deleting songs means those songs are no longer subject to this agreement, but the rest of these Terms are not cancelled. Upon your emailed request to heretohelp@GarageBand.com being received by us, we will proceed to delete your song from our system within up to thirty (30) days after receipt of your request. You are free to cancel your Audio Hosting at any time; however, if you submit your song to enter the Contest, processing your request will wait until it has completed its current round of reviews. We are obviously not responsible for any copies of your song or other materials that may have been downloaded from our site before we removed your material.

 

11.5. Performance Royalty Waiver. Any performance royalty waiver made by Company before you deleted your Audio Content survives the deletion. It is solely your responsibility to identify, contact and cancel the performance waiver from those parties for whom we had waived the rights on your behalf.

 

11.6. Gig Listing. You may cancel your Gig Listing by deleting your Gig Listing from your account.

 

11.7. Contest Entry. You may cancel your Contest Entry at any time, but will under no situation be entitled to a refund. Canceling your Contest entry will be considered forfeit of any prizes or awards won in the Contest. Company retains the right after you cancel your Entry to display statistics related to the performance of the Song in the Contest.

 

11.8. Live365 Submission. You may cancel your Live365 Submission at any time and if you cancel within thirty (30) days of purchase, you are entitled to a no-questions-asked refund. Upon your emailed request to heretohelp@GarageBand.com being received by us, we will submit a request to Live365 to delete the song from their music library and process your refund if applicable. We are obviously not responsible for any copies of your song that may have been downloaded from our site or Live365's site before they remove it. We are also not responsible for the speed at which Live365 processes your cancellation request.

 

11.9. Featured Gig. You may cancel your "In The Spotlight" at any time before the date of the Gig by deleting the Gig, but will under no situation be entitled to a refund.

 

11.10. Gold Membership. You may cancel your Gold Membership at any time and if you cancel within thirty (30) days of purchase without using either the Contest Entry or Featured Gig, you are entitled to a full refund. If you've used the Contest Entry or Featured Gig or after thirty (30) days, we'll refund 80% of your money back less 10% for every month that has passed since your Gold Membership purchase date. Partial refunds will be via PayPal only. Upon receipt of your emailed request to heretohelp@GarageBand.com, we will proceed to delete your song from our system within up to thirty (30) days after receipt of your request. We are obviously not responsible for any copies of your song that may have been downloaded from our site before we removed your material.

 

11.11. Breach. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to Company by you shall be nonrefundable. In the event of termination by Company, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

 

12. Disclaimers, Warranties And Limitations On Liability

 

12.1. Disclaimers. Company is not responsible for any incorrect or inaccurate Content posted on or through the Service or its Websites, whether caused by Users or by any of the equipment or programming associated with or utilized in the Service or its Websites. Profiles created and posted by Users may contain links to other websites. Company is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Company. Inclusion of any linked website on or through the Service or its Websites does not imply approval or endorsement of the linked website by Company. When you access these third-party sites, you do so at your own risk. Company takes no responsibility for third party advertisements which are posted on or through the Service or its Websites, nor does it take any responsibility for the goods or services provided by its advertisers. Company is not responsible for the conduct, whether online or offline, of any User of the Service or its Websites. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Company Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service or its Websites. Under no circumstances shall Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Service or its Websites, attendance at a Company event, from any Content posted on or through the Service or its Websites, or from the conduct of any Users of the Service or its Websites, whether online or offline.

 

12.2. Warranties

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR INFORMATION COLLECTED FOR OR PROVIDED TO USERS UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO THE SERVICE OR ANY SERVICES PROVIDED TO THE REGISTERED USER UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED SERVICE. IN THE EVENT OF COMPANY'S BREACH OF WARRANTY, THE SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF THE AMOUNTS PAID FOR THE SERVICE BY THE REGISTERED USER.

 

12.3. Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNTS PAID BY YOU FOR YOUR ACCOUNT.

 

12.4. Exclusions

 

CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS IN SECTION 12.2 and 12.3 MAY NOT APPLY TO YOU.

 

12.5. U.S. Export Controls. Software available in connection with the Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

 

12.6. Accuracy. Opinions, advice, statements, offers, information or other Content made available through the Service are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Company does not: (i) guarantee the accuracy, completeness or usefulness of any information on the service, and (ii) adopt, endorse nor accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Company. Under no circumstances will Company be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to or by any registered users.

 

12.7. Advertisements. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

12.8. Beta Releases Of All Or Portions Of The Service. The Service or portions of the Service may be labeled 'Beta.' All disclaimers and limitations of liability set forth herein apply to any Service or portion of the Service labeled 'Beta.' Further, you specifically agree that you understand that any Service or portion of the Service labeled 'Beta' may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability herein, you specifically agree that Company is not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any Service or portion of the Service labeled 'Beta.'

 

13. Indemnity. You agree to indemnify and hold harmless Company, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or Use of the Service, including any breach by you of the terms of this Agreement and any claims arising from the Content you submit, post, transmit or make available through the Service or its Websites, or your use of the Service or its Websites. You specifically indemnify Company of any claims that may arise from the inaccuracy of the Gig Listing, Band Information, Live 365 Submission or Contest Entry.

 

14. General Provisions

 

14.1. Rights Reserved. Company and user retain all rights and licenses not explicitly granted hereunder.

 

14.2. Binding agreement. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

 

14.3. Choice of law and forum. These Terms, the relationship between you and Company, and any dispute involving the Service, the Websites or these Terms, shall be governed by (and construed and interpreted in accordance with) the laws of California, without regard to its conflict of law provisions or your actual state or country of residence. You hereby irrevocably submit to the personal and exclusive jurisdiction and venue of the federal and state courts serving the City and County of San Francisco, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.

 

14.4. Severability and Waiver. If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.

 

14.5. Survival. Unless otherwise explicitly stated, these Terms will survive the expiration or deletion your account for any reason. Company may assign any or all of its rights hereunder in the event of a merger or acquisition of all or substantially all of the assets to which this Agreement relates.

 

14.6. No Partnership. The parties bear the relationship to each other of independent contractors, and nothing in this Agreement shall be deemed to create a partnership, joint venture, or agency relationship between them, nor shall either party have the power or authority by virtue of this Agreement to bind the other.

 

14.7. Entire Agreement. This Agreement, contains the entire agreement between you and Company regarding the use of this Service, and it supersedes all prior and contemporaneous agreements, promises, representations, warranties, and understandings of the parties regarding the same subject matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services, third-party content, or third-party software, but unless explicitly noted otherwise, this Agreement shall govern in the event of any inconsistency between this Agreement and any such additional terms and conditions. In particular, this Agreement shall govern in the event of any inconsistency between this Agreement and and of the following additional agreements: the GarageBand Gig Listing Agreement, the GarageBand Hosting Upload Agreement, the Garageband Artist Agreement, the GarageBand Live 365 Submission Agreement, the GarageBand Reviewer Rewards Agreement, and the GarageBand Radio Feed Partner Agreement.

 

14.8. Statute of Limitations. 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 the Service or these Terms that you bring must be brought within one (1) year after such claim or cause of action arose or be forever barred.

 

14.9. Third Party Rights. Except as specifically set forth to the contrary, nothing in this Agreement shall confer any rights or benefits to third parties.

 

14.10. Counsel. Although we have attempted to outline above the terms on which you may use the Service in straightforward English, please be aware that these terms, if accepted by you, create a binding legal agreement between you and Company. We strongly urge that before accepting these terms you print out a copy and review it with your attorney, manager and other representatives and if you have no such representatives that you seek other independent qualified guidance.

 

Please contact us at: termsofuse@iLike-inc.com with any questions regarding this Agreement.

 

BY USING THIS SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.