DETROITCITY.COM – GENERAL TERMS-OF-USE AGREEMENT
DETROITCITY.COM WELCOMES YOU. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (“AGREEMENT”). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE. THIS AGREEMENT CAN BE MODIFIED AND AMENDED AT ANY TIME.
1. USE OF SITE
Welcome to DetroitCity.com ("DetroitCity”), owned and operated by AudioBreed, L.L.C.(“AudioBreed”). This Web site provides a service to musical artists and record companies on behalf of musical artists (individually, “Artist” and collectively, “Artists”). Artists are able to post information about themselves and are able to post musical content owned and/or created by them.
This Terms-of-Use Agreement shall apply to all current, updated and new products and services provided by DetroitCity. You agree that your use of the Products and Services (“Products and Services”) provided by DetroitCity shall be for personal (non-commercial)use only. Any other use of this site is prohibited. You acknowledge and agree that DetroitCity may terminate your access to DetroitCity.com and its Products and Services if there is a failure to comply with this Terms-of-Use Agreement. DetroitCity reserves the right to terminate any user’s access to the website for any reason DetroitCity, in its sole discretion, believes may be harmful to it’s users, DetroitCity or AudioBreed. This termination may occur without prior notice, or any notice.
In order to use DetroitCity’s Products and Services, access to the World Wide Web is required. Once you have navigated to http://www.DetroitCity.com you will find that DetroitCity offers a variety of Products and Services. Individuals under the age of eighteen (18) are not permitted to access any mature or adult content under the laws of any applicable jurisdiction. With respect to general content, if DetroitCity discovers that anyone under the age of thirteen (13) has accessed its Products and Services, DetroitCity will require verified parental consent, this consent will be in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). However, certain areas may not be accessible to children under the age of thirteen (13) under any circumstances.
DetroitCity does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
2. SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, music and lyrics are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Web site and prevent unauthorized copying of the Contents. Except as provided in this Notice, DetroitCity does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
3. PARENT/GUARDIAN RESPONSIBILITY FOR MINOR S
In cases where authorization from a parent/guardian for a minor to use DetroitCity Products and Services has been given, the parent/guardian accepts full responsibility for (1) such minors conduct while online; (2) controlling such minors authorized access to DetroitCity; and (3) the consequences of such minors misuse of the website. YOU, THE PARENT/GUARDIAN HEREBY ACKNOWLEDGE THAT SOME AREAS OF DETROITCITY MAY CONTAIN MATERIAL DEEMED INAPPROPRIATE FOR MINORS.
4. USER CONDUCT
You agree and acknowledge that all publicly or privately transmitted content and other materials, including but not limited to: information, text, data, software, music, sound, pictures, video, code, messages and files, shall be the sole responsibility of the person from whom such content originated. You are responsible for any content you upload, email or post. You agree that DetroitCity is not responsible for any content you upload, email or post. DetroitCity reserves the right to monitor some, all, or no areas of it’s website to see that this Terms-of-Use Agreement and other rules and guidelines set forth by DetroitCity are being adhered to. DetroitCity may or may not screen content posted by a user or third party. You agree to use DetroitCity at your own risk.
The following conduct is prohibited (“Prohibited Conduct”) and you shall not use any features of this site that permit communications or postings to post, transmit, display, upload, or otherwise communicate:
1. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
2. any advertisement, solicitation, spam, chain letter, or other similar type of information;
3. any encouragement of illegal activity;
4. unauthorized use or disclosure of private, personally identifiable information of others;
5. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so;
6. any content that exploits the images of children under the age of eighteen (18), or disclosing personally identifying information belonging to children under the age of eighteen (18);
7. any communication that would harm a minor in any way and shall not make any sexual request on behalf of a minor or any sexual request of a minor;
8. any commercial advertisements except those that are specifically endorsed or approved by DetroitCity.com, including any raffles, games or contents;
9. advertise, offer for sale or sell any item that you do not have the right to sell or that cannot be sold legally under the applicable laws;
10. any misleading information, including email address, or the impersonation of anyone including, but not limited to, an DetroitCity official;
11. any material that contains any type of code that could potentially corrupt or limit the functionality of any hardware or software, including, but not limited to, viruses, worms, and trojan horses;
12. any activity that would violate state, local, federal or international laws.
You acknowledge that the above list of Prohibited Conduct may be updated from time to time and any such updates will become effective upon the date they are first posted to this site. You agree to be liable for any prohibited conduct. You agree that DetroitCity and AudioBreed, individually or together, reserve the right to contact legal authorities in the event a determination is made, in the sole discretion of either DetroitCity or AudioBreed, that your conduct is offensive or illegal.
5. USER CONTENT LICENSE
You warrant and represent that you own or have the right to grant a license to any content posted by you on this website. You agree to pay all fees and royalties owed to any person by reason of posting his or her content without authorization.
With respect to any Content posted by or in connection with the Products and Services, you hereby grant DetroitCity and AudioBreed a world-wide, royalty free, irrevocable, perpetual license, alone or together or as part of other information, Content and/or material of any kind or nature, to use, copy, modify, publish, edit, translate, transmit, publicly display, publicly perform, create compilations, create derivative works of, distribute and otherwise exploit such Content, to publish and promote such Content in connection with the particular Products and Services (including, without limitation, for advertising and promotional purposes), to publish and promote such Content elsewhere within DetroitCity, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. Such license shall apply with respect to any form, media, or technology now known or hereafter developed.
6. MERCHANDISE SALES
Links to third-party websites may appear on DetroitCity.com, including, without limitation, the Artist’s personal website, where Users can purchase Artist-related goods or services, including, without limitation, merchandise, albums and concert tickets. By visiting such links, you agree to abide by the terms of the transaction and agree not to purchase or possess any item(s) that are prohibited under applicable laws in your jurisdiction. In addition, you acknowledge that you are entering into a direct transaction with the Artist or third-party, and that DetroitCity and AudioBreed are not parties to the transaction. You agree not to create a link to a third-party website selling illegal items or items otherwise prohibited under the Agreements.
7. PROFILES
Users of DetroitCity are able to create a profile. This profile is subject to certain limitations, including, but not limited to, a limitation on bandwith and DetroitCity retains the right to display advertising on these pages. DetroitCity reserves the right to modify, suspend or terminate use of the profile service and DetroitCity reserves the right to remove an individual profile, for any reason, with or without notice, you are advised to backup any information placed on your personal page. The information posted on your individual profile may not include: addresses (street or email), last names, date of birth or social security numbers. Nudity and/or personal information may not appear in any photographs that are posted. All copyright laws and/or any other right of any person or entity are not to be infringed upon. You agree that DetroitCity reserves the right to delete any links to offensive or illegal materials and to contact legal authorities regarding such offensive or illegal materials. Children under the age of thirteen (13) may not use the profile service.
BY REGISTERING ON DETROITCITY, YOU REPRESENT AND WARRANT THAT ALL REGISTRATION INFORMATION YOU SUBMIT IS TRUTHFUL AND ACCURATE AND THAT YOU WILL MAINTAIN THE ACCURACY OF SUCH INFORMATION. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER AND THAT YOUR USE OF THE WEBSITE WILL NOT VIOLATE ANY APPLICABLE LAW. YOUR MEMBERSHIP IS FOR YOUR SOLE, PERSONAL USE, AND YOU WILL NOT AUTHORIZE OTHERS TO USE YOUR ACCOUNT, INCLUDING YOUR PROFILE. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT PUBLISHED OR DISPLAYED THROUGH YOUR ACCOUNT, AND FOR YOUR INTERACTIONS WITH OTHER USERS. DETROITCITY AND AUDIOBREED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR USERS THAT POST INACCURATE, INAPPROPRIATE OR OFFENSIVE MATERIAL, PRODUCTS OR SERVICES .
8. ADVERTISERS AND THIRD-PARTY LINKS
DetroitCity may provide links to third party websites and advertisements for items that may be purchased by clicking on these links. DetroitCity and/or AudioBreed has no control over the content and/or practices of these sites. DetroitCity is not responsible or liable, directly or indirectly, for any damage or alleged damage caused by visiting a linked website. Any transaction, purchase or dealing with an advertiser is at your own risk and you agree that DetroitCity and/or AudioBreed shall not be held responsible or liable for your actions. A user should always read a websites policies when entering a new site.
9. USE OF LOGO
You agree that AudioBreed has exclusive rights to the AudioBreed and DetroitCity logos, however, the use of the DetroitCity and/or AudioBreed logos are offered as a non-assignable, non-transferable, and non-exclusive license to link to DetroitCity and AudioBreed web sites. You agree not to use the logos in a manner that would damage the reputation of DetroitCity and/or AudioBreed, and you will be held liable for any and all damages including reasonable attorney fees, as a result of your unauthorized use of the logo.
10. DISCLAIMER OF WARRANTY
You expressly agree that use of this Web site is at your sole risk. Neither DetroitCity, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, DetroitCity does not warrant reliability of any statement or other information displayed or distributed through the site. DetroitCity reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. DetroitCity may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. DETROITCITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DETROITCITY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
11. LIMITATION OF LIABILITIES
YOU AGREE THAT AUDIOBREED, DETROITCITY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL DETROITCITY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER DETROITCITY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DetroitCity and AudioBreed, its affiliates, owners, officers, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
13. PRIVACY POLICY
Click here to access DetroitCity’s Privacy Policy governing the use of information that DetroitCity obtains from you through your use of this Web site.
14. LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
15. TERM AND TERMINATION
Without limiting its other remedies, DetroitCity may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
16. HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to Web sites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by DetroitCity. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by DetroitCity. DetroitCity does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by DetroitCity. Links do not imply that DetroitCity or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of DetroitCity or any of its affiliates or subsidiaries. Except for links to information authored by DetroitCity, DetroitCity is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. DetroitCity reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
17. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of AudioBreed to respond to claims of intellectual property infringement. AudioBreed will promptly process and investigate notices of alleged infringement. Where appropriate, DetroitCity will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and remove or disable access to any reference or link to material or activity that is claimed to be infringing. DetroitCity will terminate access to anyone determined to be a repeat infringer. Notices of claimed infringement should be directed to AudioBreed at contact@detroitcity.com.
18. CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. DetroitCity makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Oakland County, Michigan for any disputes with DetroitCity arising out of your use of this site.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between DetroitCity and you with respect to this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DetroitCity with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
20. MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current Terms-of-Use Agreement. DetroitCity does not and will not assume any obligation to notify you of changes to this Agreement.
21. ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from DetroitCity solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
22. VIOLATION OF THIS AND/OR ANY OTHER AGREEMENT
DetroitCity and AudioBreed individually and together, reserve the right to pursue any legal and equitable remedies against you for any violation of this Terms-of-Use Agreement and any other rights and/or agreements of DetroitCity or AudioBreed.
