ISUPK WEBSITE(S) TERMS AND CONDITIONS
- Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review details and promotional information, for personal use, or to purchase products or merchandise (from third party vendors ISUPK from time to time may recommend) for your personal use, unless otherwise specifically authorized in writing by ISUPK to do so.
- Ownership of Materials
All materials on the Site are copyrighted and are protected under treaty provisions and world-wide copyright laws. ISUPK materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without ISUPK written permission. Except as expressly stated in the limited license provision of these terms and conditions, ISUPK does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information. including but not limited to text, articles, images, software, photographs, graphics, illustrations, artwork, video, audio, names, logos, trademarks, service marks, and other material (collectively, the “Content”), is protected by copyright, trademark, and other laws in both the United States and elsewhere. The Content includes both content or owned, controlled by ISUPK and content owned or controlled by third parties and licensed to ISUPK. Unless as explicitly indicated on the Website, you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without written permission from ISUPK. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content. Some Content on or available through this site may have additional restrictions upon its use and all such restrictions form a part of this Agreement.
- Copyright Policy
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether videos, articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred.
- Links and Search Results
The Site may automatically produce search results that reference or link to third party sites throughout the Internet. ISUPK has no control over these sites or the content within them. ISUPK cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. ISUPK does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against ISUPK for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at ISUPK and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
ISUPK does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, Product(s), search or link on it. The Site and its Content and Product are delivered on an “as-is” and “as-available” basis. ISUPK cannot ensure that files you access or download from the Site or third partie(s) linked sites will be free of viruses or contamination or destructive features. ISUPK disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. ISUPK will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
- (5.1) ISUPK makes no guarantee of any specific result from use of this Site or use of the products and/or services offered on this Site by ISUPK.
- (5.2) ISUPK disclaims any and all liability for the acts, omissions and conduct of any third party users, ISUPK users, advertisers and/or sponsors on the Site, in connection with the ISUPK service or otherwise related to your use of the Site and/or products and services that are offered.
- (5.3) ISUPK is not responsible for the products, services, actions or failure to act of any provider, venue, performer, promoter or other third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to ISUPK at ISUPK.COM.
- (5.4) ISUPK may investigate the claim and take appropriate action, in its sole discretion.
- Prohibited Content
The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that:
- (6.1) Is blatantly offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- (6.2) Could be harmful to minors;
- (6.3) Harasses or advocates harassment of another person;
- (6.4) Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- (6.5) 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;
- (6.6) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- (6.7) Displays pornographic or sexually explicit material of any kind.
- (6.8) Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- (6.9) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- (6.10) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Offline Conduct
Although ISUPK cannot monitor the conduct of its users of the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
- No Commercial Use
No area of this Site may be used by our visitors for any commercial purposes such as to conduct sales of products or services of any kind without express written authorization from ISUPK. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of re-selling any products or services available on ISUPK or any of its affiliate Sites. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the products and services available through this Site. We reserve the right to block access to or cancel an order on any user known or reasonably believed to be associated with anyone utilizing automated means to process or place orders from a link to a third party website.
- Access and Interference
You agree that you will not 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 expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from our Site without the prior expressed written permission of ISUPK.
- Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
- Violation of the Terms
- Limitation on Liability
In no event will ISUPK be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if ISUPK has been advised of the possibility of such damages.
This Site is controlled and operated by ISUPK. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed and construed by U.S. Federal law. In the event of a dispute arising out of or relating to these terms and conditions herein legal jurisdiction shall occur as indicated in paragraph 22 herein.
You agree to indemnify and hold ISUPK, its subsidiaries, affiliates, officers, agents and other partners and employees, stock holders, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
- ISUPK User Accounts
In order to access some features of the Website, you will have to register and create a ISUPK user account or request that an account be created for you. You may never use another’s account without permission. When requesting and/or creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ISUPK immediately of any breach of security or unauthorized use of your account. Although ISUPK will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ISUPK or others due to such unauthorized use.
- Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ISUPK Website.
(a) The content on the ISUPK Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ISUPK, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ISUPK reserves all rights not expressly granted in and to the Website and the Content.
(b) You may access and review data including and not limited to linked websites that we have provided for your information and personal use solely as intended through the provided functionality of the ISUPK Website. You shall not copy or download any Content unless you see a “download” or similar link displayed on the ISUPK Website.
(c) User Testimonials and/or Comments are made available to you for your information and personal use solely as intended through the normal functionality of the ISUPK Website. User Testimonials and/or Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the ISUPK Website or otherwise as prohibited under this Agreement. Testimonials and/or User Comments are made by that specific User(s) and are solely their opinions or experience with certain products and/or services they have received or purchased. ISUPK offers no guarantee implied or otherwise that every User will receive the same results. Any consumer who purchases products or services offered from this website shall have researched the products or services similar or otherwise and performed their due diligence prior to making any purchases. ISUPK shall not be held liable in any way whatsoever if User does not abide by these Terms of Service.
(d) You may access ISUPK Content, User Submissions (where applicable) and other content only as permitted under this Agreement. ISUPK reserves all rights not expressly granted in and to the Content and the ISUPK Website.
(e) You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (where applicable) of third parties obtained through the Website for any commercial purposes.
(f) You agree not to circumvent, disable or otherwise interfere with security-related features of the ISUPK Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ISUPK Website or the Content therein.
(g) You understand that when using the ISUPK Website, you will be exposed to User Submissions from a variety of sources, and that ISUPK is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ISUPK with respect thereto, and agree to indemnify and hold ISUPK, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- Your User Submissions and Conduct
(a) As a ISUPK account holder you may additionally (where applicable) submit video content (“User Videos”) and textual content (“User Comments or Testimonials”). User Videos and User Comments or Testimonials are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, ISUPK does not guarantee any confidentiality with respect to any User Submissions.
(b) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ISUPK and its affiliates to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
(c) For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to ISUPK, you hereby grant ISUPK and its affiliates a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ISUPK Websites and (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the ISUPK Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ISUPK Website a non-exclusive license to access your Video User Submissions (where applicable) through the Website, and to use, reproduce, distribute, display and perform such User Submissions (where applicable) as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the ISUPK Website. You understand and agree, however, that ISUPK may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
(d) In connection with User Submissions (audio, video, textual), you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ISUPK all of the license rights granted herein.
(e) You further agree that you will not, in connection with User Submissions, submit material that is contrary to the ISUPK Guidelines listed in these Terms and Conditions, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
(f) ISUP Kdoes not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ISUPK expressly disclaims any and all liability in connection with User Submissions. ISUPK does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ISUPK will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. ISUPK reserves the right to remove Content and User Submissions without prior notice.
- Account Termination Policy
(a) ISUPK will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be infringing on copyrights held by a third partie(s).
(b) ISUPK reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ISUPK may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ISUPK ‘s designated Copyright Agent to receive notifications of claimed infringement may be contacted at: ISUPK.COM attention Copyright Claims. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ISUPK customer service you acknowledge that if you fail to comply with all of the requirements of this Section 19, your DMCA notice may not be valid.
- Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the county of Dade, Miami, Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, ISUPK may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ISUPK’s sole discretion.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ISUPKWEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICLIVE 365, ITS OWNERS, OFFICERS, DIRECTORS, STOCK HOLDERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOU’RE USE THEREOF. MUSICLIVE 365, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSICLIVE 365WEBSITE. MUSICLIVE 365DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MUSICLIVE 365WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ISUPKINC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability
IN NO EVENT SHALL MUSICLIVE 365, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSICLIVE 365WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ISUPKSHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by ISUPK from its facilities in the United States of America. ISUPK makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the ISUPK Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ISUPK, its parent corporation, ISUPK Inc., its owners, officers, directors, stockholders, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the ISUPK Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of any part of the ISUPK Website.
- Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ISUPK Website is not intended for children under 13. If you are under 13 years of age, then please do not use the ISUPK Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by ISUPK without restriction.