(effective May 9th, 2011)
Mestere Records and DaMachina reserve the right to modify the Terms at any time without prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms as modified.
We allow everyone to make contributions to the Site through social media and other means. By submitting any User Content to the Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose. You also thereby waive any so-called moral rights or other similar rights in your User Content.
You agree not to submit or post any User Content that:
(i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity,
(ii) is libelous, defamatory or slanderous,
(iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs,
(iv) is pornographic or sexually explicit,
(v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise,
(vi) is designed to or does harass, threaten, defame or abuse others,
(vii) is used to impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity;
(viii) exploits minors in a sexual or violent manner,
(ix) promotes, condones or encourages illegal activity or is generally offensive or in bad taste.
You agree that all of your User Content, whether publicly posted or privately transmitted, is your sole responsibility. User Content does not necessarily reflect our views or opinions. We shall not be liable to you or any third party in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site. We generally do not pre-screen, pre-edit or otherwise control User Content and we do not assume responsibility to monitor the Site for inappropriate User Content. We do not warrant, expressly or impliedly, the accuracy, reliability or quality of User Content. By using the Site, you assume this risk. However, we reserve the right, but have no obligation
(i) to monitor interactions between you and other users of the Site;
(ii) to prevent you from submitting User Content that is inconsistent with our standards, stated above;
(iii) to edit, restrict or remove User Content for any reason at any time; and
(iv) to take any other action in good faith to restrict access to or the availability of any User Content that we, or another user, may consider to be inconsistent with the standards described above. If you discover this kind of User Content on the Site, please notify us at email@example.com. Should we monitor User Content, we still will assume no responsibility for any inappropriate User Content, or for the conduct of any user who submits it, and or to remove inappropriate User Content from the Site. If we prevent your User Content from being submitted, or edit, restrict, or remove it from the Site, you may not hold us accountable under any circumstances.
You agree to respect the rights of others and exercise good judgment. Without limitation, you agree not to:
(i) engage in unsolicited or unauthorized advertising or any other form of solicitation, including, without limitation, "pyramid schemes" or the distribution of promotional materials, "junk mail," "spam," or "chain letters,"
(ii) impersonate any person or entity or misrepresent your affiliation with a person or entity,
(iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site,
(iv) make available, introduce into or direct to the Site any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment,
(v) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site,
(vi) violate any applicable local, national or international law, rules or regulations,
(vii) "stalk" or otherwise harass another person,
(viii) "deep link" to any portion of the Site,
(ix) collect or store personal data about other users,
(x) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission,
(xi) take any action that imposes an unreasonable or disproportionately large load on our infrastructure,
(xii) display any of the Site in a frame (or any of our content via in-line links);
(xiii) attempt to gain unauthorized access to any part of the Site including without limitation, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means;
(xiv) attempt to obtain any materials or information through any means not intentionally made available through the Site;
(xv) engage in any activity that interferes with any third party's ability to use or enjoy the Site,
(xvi) assist any third party in engaging in any activity prohibited by these Terms, or
(xvii) solicit personal information from, harm or attempt to harm minors, in any way.
You agree not to use the Site for any commercial purpose, such as conducting sales of tickets, merchandise or services of any kind. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind.
We, in our sole absolute discretion, will have the right to refuse to allow you to become a member of the mailing list. If you wish to become a member, you must enter your information in the Site through our sign-in module. In doing so, you agree to:
(i) provide true, accurate, current and complete information about yourself as indicated in the Site's sign-in module (such information being the "Registration Data") and
(ii) inform us of any changes by contacting us at firstname.lastname@example.org to maintain and update the Registration Data to keep it true, accurate, current and complete.
This Site is owned and operated by Mestere Records, a Beijing China Liaison Co. USA LLC, company, and DaMachina. The contents of this Site are protected by copyright and trademark law, international conventions and other applicable laws. All materials contained in the Site are the copyrighted property of Mestere Records, DaMachina, or their subsidiaries or affiliated companies and/or third-party licensors (unless in the public domain). All trademarks, service marks, and trade names are proprietary to Mestere Records, DaMachina, or their affiliates and/or third-party licensors. Unless expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Site. Notwithstanding the above, you may use the content and materials on the Site in the course of your normal, personal, non-commercial use of the Site.
(i) aphysical or electronic signature of person authorized to act on behalf of the owner of the right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works or rights are covered by a single notification, a representative list of such works or rights;
(iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate that material;
(iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law; and
statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner, or authorized to act on behalf of the copyright owner of the work that is allegedly infringed. Please direct all notifications to the Intellectual Property Rights Agent, who may be reached as follows: email@example.com.
We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without prior notice. You will not be entitled to any refund during service outages that are caused by our maintenance on the servers or the technology that underlies Site. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.
You hereby represent and warrant to us that:
(i) you have the full power and authority to enter into and perform under these Terms,
(ii) your use of the Site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and
(iii) you will comply with all applicable laws and regulations in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms.
While you are encouraged to share ideas and suggestions through your use of the Sites, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Sites may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through your use of the Sites (including, without limitation, ideas or suggestions for new creative work, sound recordings, musical compositions, video programming, webisodes, machinima or theatrical motion pictures) (collectively “Submissions”), you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable, transferrable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all media and means of communication, now known or hereafter created. We agree that, if any Submission generates a sufficient level of popularity or mass appeal, as we may determine in our sole discretion, then we may enter into good faith negotiations with you of a royalty-bearing license agreement for exploitation of your Submission beyond the Sites. Notwithstanding the foregoing, nothing in these Terms shall impose any obligation or requirement on us to proceed with or conclude any agreement or transaction with you concerning any such Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NO SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH ANY OF THE SITES OR SEND MESTERE RECORDS ANY SUBMISSION.
You agree to indemnify and hold harmless the forum, Mestere Records and DaMachina and the Artist and the Artist's management as well as their subsidiaries, affiliates, owners, associates, licensees, licensors, officers, agents and other partners and employees (the "Indemnified Parties") from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against any of the Indemnified Parties arising out of your use of the Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify any of the Indemnified Parties, such party will have the right, in its sole and exclusive discretion, to control any action or proceeding and determine whether they wish to settle it, and if so, on what terms.
Your use of the site is at your sole risk. The site is provided on an "as is" and "as available" basis. The Site expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Site makes no warranty that
(i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Site will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, or that
(v) any errors in any data or software will be corrected.
Any third-party links, services, resources or information provided on or made available through the site are not controlled by us. Accordingly, we do not endorse any such linked sites or the information, material, products or services contained on other linked sites, or accessible through them. Further, we make no warranties regarding such third-party links, services, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information. Access and use of linked sites, including information, material, products and services on linked sites or available through them, is solely at your own risk.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the site;
(ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the site; or
(v) any other matter relating to the site.
We will not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, computer viruses, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.
The Site is based in and operated from the United States of America. Information which you send to us by email or which we gather from you when you visit our website is held and processed in the United States of America. These Terms shall be binding upon and inure to our benefit, and our successors, and assigns. You may not assign these Terms without our prior written consent. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. The Terms and the relationship between you and us shall be governed by the laws of the United States of America without regard to any conflict of law provisions. Any legal action shall be adjudicated in the State of California. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. 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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
If you become aware of any activity that may constitute a breach of these Terms, please notify us at firstname.lastname@example.org. We will investigate your claim and may then take any action that we, in our sole and exclusive discretion, deem appropriate.
Mestere Records is the trademark of Mestere Records, a Beijing China Liaison Co. USA LLC, company. All rights reserved. All other trademarks on the Site are the property of their respective owners.