Terms of Use
Last Revised 04/24/2006
Under the terms of this agreement your placement of information materials or use
of the ApolloTunes.com web site or network
is an acknowledgement that you have read and understand this agreement and that
you agree to be bound by the terms and conditions below.
If you do not wish to be bound by these terms and conditions, you should
not place any information or materials of any kind on the ApolloTunes.com web site or network.
ApolloTunes.com is a REVOLUTIONARY
social networking service and community that allows members to create unique personal,
artist, venue, and band profiles online in order to network with friends as well
as fans, sponsors, venues, event planners, media, (such as radio, television, film,
theater) both public and private. This service is operated by Apollo Entertainment,
Inc., doing business as ApolloTunes.com. (hereinafter referred to as “ApolloTunes.com”).
ApolloTunes.com is also referred to in these terms of use as “we”, “our” and “us”.
By using the ApolloTunes.com Website (hereinafter referred to as the "Website") you agree to be bound by these Terms
of Use (hereinafter referred to as the "Agreement"), whether or not you register as a member (hereinafter referred to as a "Member" and/or
as “Membership”). If you wish to become a Member, communicate with other Members,
download and upload media and make use of the
ApolloTunes.com services (hereinafter
referred to as the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. ApolloTunes.com may modify this Agreement at our
discretion and such modification shall be effective upon posting by ApolloTunes.com on the Website. You agree to be bound to any changes to this Agreement
when you use the Service after any such modification is posted. This Agreement includes ApolloTunes
policy for acceptable use and content posted on the Website,
your rights, obligations and restrictions regarding your use of the Website and the Service and ApolloTunes
Privacy Policy which you must view and accept prior to membership.
Please choose carefully the information you post on ApolloTunes.com and that you provide to other Members. Your ApolloTunes.com profile may not include the following
items: any photographs, images or other material
posted by you containing nudity, violence, or subject matter deemed offensive in
the sole opinion and discretion of ApolloTunes.com. Information provided by other ApolloTunes.com Members (for instance, in their profile) may contain inaccurate, inappropriate or offensive material,
products or services and ApolloTunes.com assumes no responsibility or liability for this material.
ApolloTunes.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by any party, or to restrict, suspend, or
terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. There are absolutely, under no circumstances
NO REFUNDS..
By participating in any offline ApolloTunes.com event, you agree to release and hold ApolloTunes.com harmless from any and all losses, damages, rights, claims, and
actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation
in any such offline ApolloTunes.com event.
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Eligibility.
Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful
and accurate and that you agree to maintain the accuracy of such information. Member represents to be at least 14 years of age and
agrees to be the person legally responsible for use of this account. Member agrees
to supply ApolloTunes.com
with a current
and truthful name, email address, postal address and telephone number for our records,
and has a continued obligation to keep this information current.
Member represents to be an authorized user of any credit card that Member
supplies to ApolloTunes.com
and agrees that
ApolloTunes.com has an obligation to investigate any possible fraudulent
credit card use. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your
Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.
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Term/Fees.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your Membership at any time, for any reason by following the instructions
on the member account page. ApolloTunes.com may terminate your Membership for any reason, effective upon sending notice to you at the email address you
provide in your Membership application or such other email address as you may subsequently provide to ApolloTunes.com. If ApolloTunes.com terminates your Membership in the Service
because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Even after Membership is terminated, this Agreement will
remain in effect, including sections 4, 5, 7 and 9-14. ApolloTunes.com's Terms of Use and/or subscription fees that were provided to you at registration may change from time to time.
By using the Service and by becoming a Member, you acknowledge that ApolloTunes.com reserves the right to charge for the Service and has the right to terminate a Member's Membership, with or without notice,
should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
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Non-Commercial Use by Members.
The Website is for the personal use of Members only and may not be used in connection
with any commercial endeavors except those that are specifically endorsed or approved
by the management of ApolloTunes.com. Illegal and/or unauthorized use of
the Website, including collecting usernames and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the Website will be investigated. Commercial
advertisements, affiliate links, and other forms of solicitation
may be removed from Member profiles without notice and may result in termination
of Membership privileges, with or without notice.
Appropriate legal action will be taken by ApolloTunes.com
for any illegal or unauthorized use of the Website.
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Proprietary Rights in Content on ApolloTunes.com.
ApolloTunes.com owns and retains all proprietary rights in the Website and the Service.
The Website contains copyrighted material, trademarks, and other proprietary information
of ApolloTunes.com and its licensors. Except for that information which is in the public
domain or for which you have been given written permission, you may not copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary information.
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Content Posted on the Site.
a. You understand and agree that ApolloTunes.com may review and delete any content, messages,
ApolloTunes.com Messenger messages, photos or profiles (hereinafter collectively
referred to as "Content") that in the sole
judgment of ApolloTunes.com violate this Agreement or which in the sole judgment and opinion of ApolloTunes.Com may be offensive, illegal or violate
the rights, harm, or threaten the safety of any Member or of
the public in general, and
.
b. You are solely responsible for the Content that you publish or display (hereinafter referred to as "Post") on the Service or any
material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, you hereby grant to ApolloTunes.com
the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content
on the Website. This license will terminate at the time you remove such Content from the Website.
You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise
have the right to grant the license set forth in this section, and (ii) your Content does not violate
the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person.
You agree to pay for all royalties and fees owing any person by reason of any Content you Post on the Website.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website.
ApolloTunes.com reserves the right to investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the Membership of such violators. Prohibited Content
includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii.
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv.
promotes information that you know is false or misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous; v. 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 manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files; vi. contains restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page); vii. provides material that exploits people under
the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; viii.
provides instructional information about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or
personal identifying information for commercial or unlawful purposes from other users; or x.
involves commercial activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes; (xi) for band profiles, uses sexually
suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to
the profile.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses with the exception of Venues and Galleries.
g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or
services through the Service, except those that are specifically
endorsed or approved by the management of ApolloTunes.com. You may not transmit any chain letters or junk email to other Members.
Although ApolloTunes.com cannot monitor the conduct of its Members off the Website, it is also a
violation of these rules to use any information obtained from the Service in order to harass, abuse,
or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without
their prior explicit consent. In order to protect our Members from such advertising or solicitation,
ApolloTunes.com reserves the right to restrict the number of emails which a Member may send to other
Members in any 24-hour period to a number which ApolloTunes.com deems appropriate in its sole discretion.
h. You may not cover or obscure the banner advertisements on your personal profile page, or any ApolloTunes.com page
via HTML/CSS or any other means. i. Any automated use of the system, such as using scripts to add friends, is prohibited.
j. You may not attempt to impersonate another user or person who is not a Member of ApolloTunes.com.
k. For band profiles, you may not copy the code for your ApolloTunes.com Player and embed it into other profiles or ask
other Members to embed it into their profiles. l. You may not use the account, username, or password of another Member at any time
nor may you disclose your password to any third party or permit any third party
to access your account. m. You may not sell or otherwise transfer your profile.
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User Conduct. ApolloTunes.com services may only be used for lawful purposes. Use of these services which violates
any local, state, federal or international laws which may apply to ApolloTunes.com, your local jurisdiction or any jurisdiction
that you may be subject to is strictly prohibited.
You may not use the ApolloTunes.com
web site or network to:
a. Post or transmit any
unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent,
pornographic, profane, or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise violate
any local, state, federal or international law, including without limitation the
U.S. export control laws and regulations, and laws protecting intellectual property
including copyright, trademark, trade secret, misappropriation and anti-dilution
laws; or
b. Post, publish, transmit,
reproduce, distribute or in any way exploit any information, software or other material
obtained through the service for commercial purposes (other than as expressly permitted
by the provider of such information, software or other material).
7.
Improper
Conduct. ApolloTunes.com
users should use caution and good judgment
when leaving feedback on the web site.
What you write is published on the web site and becomes a permanent part of the
published web site reviewed by the general public.
ApolloTunes.com reserves the
right, but no obligation, to remove or edit any content. ApolloTunes.com may deny you access to all or part of the web
site or network without notice if you engage in any conduct or activities that
ApolloTunes.com, in its sole discretion, believes
violates any of the terms and conditions in this agreement.
ApolloTunes.com shall have no
responsibility for any consequences resulting from such discontinuance or lack of
notification. You agree that
ApolloTunes.com has the right, but no obligation,
to monitor the site electronically from time to time and to disclose any information
as necessary to satisfy the law, or to protect itself. ApolloTunes.com reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of this agreement.
8.
DMCA
Notice. In the event that Member posts, or otherwise makes accessible, communications
or other materials that infringe the copyrights of a third party,
ApolloTunes.com reserves the right to terminate
Member’s access to the Service in accordance with ApolloTunes.com’s
copyright infringement policy pursuant to the Digital Millennium Copyright Act.
Members may contact ApolloTunes.com
with complaints regarding alleged infringement relating to posted material and
ApolloTunes.com will investigate those complaints. If the posted material is believed in good
faith by ApolloTunes.com to violate
any applicable law, ApolloTunes.com
will remove or disable access to any such material and notify the posting Member
that the material has been blocked or removed in accordance with these terms and
conditions. If your work has been copied or posted on the website
or Service in a way that constitutes copyright infringement, please comply with
ApolloTunes.com Procedure for Making Claims of Copyright Infringement.
9.
Member
Disputes. You are solely responsible for your interactions with other ApolloTunes.com
Members. ApolloTunes.com, Inc.
reserves the right, but has no obligation, to monitor disputes between you and other Members.
10.
Privacy. Use of the Website
and/or the Service is also governed by our
Privacy Policy, which you
must view and accept prior to membership.
11.
Disclaimers.
ApolloTunes.com is not responsible for any incorrect or inaccurate Content posted on the
Website or in connection with the Service provided, whether caused by users of the Website,
Members or by any of the equipment or programming associated with or utilized in the Service.
ApolloTunes.com is not responsible for the conduct, whether online or offline, of any user
of the Website or Member of the Service. ApolloTunes.com 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 or Member communication. ApolloTunes.com 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 at any website or combination thereof, including any injury or damage
to users and/or Members or to any person's computer related to or resulting from participation or uploading materials or
downloading materials in connection with the Website and/or in connection with the Service. Under
no circumstances shall ApolloTunes.com be responsible for any loss or damage, including personal injury
or death, resulting from use of the Website or the Service or from any Content posted on the Website or
transmitted to Members, or any interactions between users of the Website, whether online or offline. The
Website and the Service are provided "AS-IS" and ApolloTunes.com expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. ApolloTunes.com cannot guarantee and does not promise
any specific results from use of the Website and/or the Service.
12.
Limitation on Liability.
IN NO EVENT SHALL APOLLOTUNES.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE
OF THE WEB SITE OR THE SERVICE, EVEN IF APOLLOTUNES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APOLLOTUNES.COM.’S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID,
IF ANY, BY YOU TO APOLLOTUNES.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. APOLLOTUNES.COM IS NOT
RESPONSIBLE FOR ARTIST OR BAND NO SHOWS AND VENUE NON PAYMENTS TO ARTISTS OR BANDS.
13.
No Warranties. THIS SITE
IS PROVIDED BY APOLLOTUNES.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS.
APOLLOTUNES.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS
INCLUDED ON THIS SITE. WE EXPRESSLY
AGREE THAT ANY USE OF THIS SITE IS AT YOUR SOLE RISK.
APOLLOTUNES.COM DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT
ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS, UNAPPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLIED TO USE, SOME,
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLIED TO
YOU, YOU MAY HAVE ADDITIONAL RIGHTS.
14.
U.S.
Export Controls. Software from this Website
(hereinafter referred to as the "Software") is further subject to
United States
export controls. No Software
may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under the control of, or a national or resident
of any such country or on any such list.
15.
Disputes.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you
agree that any dispute shall be governed by the laws of the State of New York
without regard to conflict
of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts
of the State of New York venued in
the County of Oneida.
16.
Indemnity. You agree to
defend, indemnify and hold ApolloTunes.com, its subsidiaries, affiliates, officers, agents, and
other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to arising out of your use of caused by, or resulting directly or indirectly from the
Service and/or the Website and/or from a breach of this Agreement and/or any breach of your representations
and warranties set forth above.
17.
No Interference with Operation
of System. You agree not to maliciously or intentionally interfere with the proper
operation of the ApolloTunes.com system, web site, network or including, but not
limited to, obtaining access beyond that which you are authorized, or impairing
the availability, reliability, or quality for others. You agree to abide by any
and all future ApolloTunes.com policy decisions.
18.
Security. You agree that
the security of your account is solely your own responsibility.
You shall be held fully responsible for any misuse or compromise to your
account for which ApolloTunes.com is not properly notified.
You agree that if any security violations are believed to have occurred in
association with your account, ApolloTunes.com has the right to suspend your access,
pending an investigation and resolution.
You also agree ApolloTunes.com has the right to cooperate in any government or legal
investigation regarding any aspect of our services, including services sold to you.
19.
JURISDICTION. This agreement
shall be governed by the laws of the State of
New York
and you agree to be subject to the jurisdiction of the state and federal courts
located in
Oneida County, New York
State. You agree that the state and federal courts of
New York State
are the exclusive jurisdiction for any dispute against ApolloTunes.com, its employees
or the owners and operators of the web site service, or any dispute arising out
of this agreement.
20.
Other. This Agreement is accepted upon your use of the Service and/or
the Website and is further affirmed by you becoming a Member
of the Service. This Agreement constitutes the entire agreement between you and ApolloTunes.com regarding
the use of the Website and/or the Service. The failure of ApolloTunes.com to exercise or enforce any right
or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles
in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with
any questions regarding this Agreement. I HAVE READ
THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Procedure
for Making Claims of Copyright Infringement
ApolloTunes.com respects the intellectual property of others,
and we ask all members and users of this service to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way
that constitutes copyright infringement, you may notify us by providing our copyright
agent with the following information:
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the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's
behalf.
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a description of the copyrighted
work that you claim has been infringed and a description of the infringing activity.
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identification of the
location where the original or an authorized copy of the copyrighted work exists,
for example the URL of the website where it is posted or the name of the book in
which it has been published.
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identification of the
URL or other specific location on this site where the material that you claim is
infringing is located; you must include enough information to allow us to locate
the material.
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your name, address, telephone number, and
email address.
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a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law.
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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 are authorized to act on the copyright owner's
behalf.
Our agent for notice of claims
of copyright infringement on this site can be reached as follows:
By mail:
PO Box 8041
Utica, NY 13505
By phone:
By email: copyright infringement@apollotunes.com
Copyright Notice
This contact information is only for
reporting copyright infringement.
Contact information for other matters is provided elsewhere on this site.