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Artist Terms and Conditions:
Thank you for sending a submission to Zaziggy.com, a website owned, produced and operated by ROCKSTAR TECHNOLOGIES, L.L.C., a Connecticut limited liability company, its successors and assigns, (herein collectively referred to as ("ROCKSTAR"). Artist(s) may send a submission to Zaziggy.com regarding themselves along with any musical content owned and/or created by them. Unless explicitly stated otherwise, any use of the Zaziggy.com website by artists making a submission (hereinafter referred to as "ARTIST"), shall be subject to these Artist Terms and Conditions and the General Terms of Use incorporated herein by reference. ROCKSTAR reserves the right to amend these Artist Terms and Conditions and the General Terms of Use at any time. Since the Artist Terms and Conditions and the General Terms of Use do contain legal obligations, please read them carefully. Any violation of these Artist Terms and Conditions and the General Terms of Use may result in suspension or termination of your right to access your Artist Page as created on Zaziggy.com, and/or removal of your submissions from Zaziggy.com 1. By sending a submission to Zaziggy.com, and upon the acceptance by ROCKSTAR of your submission, you agree to be bound by these Artist Terms and Conditions. 2. ARTIST warrants that ARTIST owns the copyright or controls the right to reproduce and to distribute in records, cassette tapes, CD's, and digital files, any and all material, including musical compositions (hereinafter referred to as "COMPOSITION"), submitted to ROCKSTAR. 3. ARTIST hereby grants to ROCKSTAR a non-exclusive, worldwide, license to use, re-produce, edit, electronically distribute, publicly perform, publicly display, digitally perform, digitally display, publish, promote, and otherwise exploit in whole or in part, the submitted COMPOSITION, including, but not limited to, the right to create compilations that include the COMPOSITION. Such license shall apply with respect to any form, media, or technology now known or hereafter developed. 4. ROCKSTAR hereby agrees to pay ARTIST for each download of the COMPOSITION from ROCKSTAR's website, www.Zaziggy.com, a royalty of fifty percent (50%) of sponsoring advertisers' paid download fees that ROCKSTAR may receive from advertisers sponsoring the download, in excess of the first one hundred (100) downloads. No royalties shall be paid for the first one hundred (100) downloads of the COMPOSITION from ROCKSTAR's website. ROCKSTAR shall not be liable to ARTIST for any royalty payment wherein such download of the COMPOSITION lacks a sponsoring advertiser paid download fee. If a download does not have a sponsoring advertiser paid download fee, no royalty shall be calculated or paid. ARTIST acknowledges that not all sponsoring advertisers associated with ROCKSTAR's website are paid advertisers for purposes of royalty calculations of the COMPOSITION. 5. ROCKSTAR agrees to furnish royalty statements and to pay royalties to ARTIST on a quarterly basis within forty-five (45) days after the end of each calendar quarter so long as such amount is in excess of twenty five dollars ($25.00USD). Any amounts less than twenty five dollars ($25.00USD) shall continue to accrue in subsequent quarters. ARTIST shall be liable for any and all taxes owing on such royalty payments. If ROCKSTAR fails to pay ARTIST the royalties as herein provided, ARTIST may give ROCKSTAR written notice that, unless the failure to pay royalties is remedied within thirty (30) days from the date of written notice, this license shall automatically terminate. All royalty payments to ARTIST shall be sent to ARTIST's contact person as designated by ARTIST at the address provided by ARTIST. Should ARTIST comprise of two (2) or more persons or entities, such contact person shall be responsible for payment of such royalties to those two (2) or more persons or entities. Such persons or entities may request an accounting of royalty payments from ROCKSTAR by providing ROCKSTAR with a request made in writing. ROCKSTAR in its sole discretion may charge a fee of one percent (1%) of the royalties thus paid to ARTIST to cover expenses associated with such accounting. ROCKSTAR shall not be liable for nonpayment of royalties to the ARTIST after such royalties have been remitted to ARTIST's contact person. 6. ARTIST shall retain ownership of the copyrights and all other rights in the COMPOSITION, subject to the non-exclusive license granted herein to ROCKSTAR under this Agreement. ARTIST is free to grant similar rights to others during and after the term of this Agreement. 7. ARTIST represents and warrants that: (a) the COMPOSITION is your or your band's original work; (b) the COMPOSITION contains no sampled material; (c) the COMPOSITION does not and will not infringe on any third party's copyright, trademark, patent, trade secret or other proprietary rights, rights of publicity or privacy; (d) the COMPOSITION does not include nor comprises of any immoral or scandalous matter, or matter that may disparage or falsely suggest a connection with persons living or dead, institutions, beliefs or national symbols, or bring them into contempt or disrepute; (e) the COMPOSITION does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data; (f) ARTIST has the full right and power to enter into and perform this Agreement and have secured all third party consents, including band members, if applicable, necessary to enter into this Agreement; and (g) all assertions made by ARTIST are true and complete. 8. ARTIST agrees to indemnify and hold ROCKSTAR and ROCKSTAR's customers harmless from any damages and costs, including reasonable attorneys' fees, arising out of or in connection with ARTIST's breach of the representations and warrants described herein. ARTIST agrees to execute and deliver any documents to ROCKSTAR upon reasonable request, which evidence or effectuate ROCKSTAR's rights under this Agreement. 9. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and is binding upon each parties' successors, assigns and legal representatives; neither of the parties shall be bound by any conditions, decisions, definitions, warranties, or representations with respect to the subject matter hereof other than expressly provided herein. No change in, modification, or waiver of any of the terms or conditions of this Agreement shall be effective unless agreed to in writing and signed by a duly authorized representative of each of the parties. Except for a breach of Paragraph 6, neither party shall be liable for any consequential, indirect, exemplary, special or incidental damages arising from or relating to this Agreement. 10. Nothing in this Agreement shall be deemed as granting either party any right or license, express or implied, under or in any intellectual property rights, including copyright, trademark, patent rights, or other property rights, now or hereafter held by the other party except as otherwise provided herein. Nothing in this Agreement shall obligate a party to enter into any further agreements with respect to the subject matter hereof. 11. This Agreement shall terminate within thirty (30) days of written notice provided by either party, or as provided for in Paragraph 5 above. Such written notice of termination shall be delivered to the other party by registered mail with return receipt. 12. This Agreement shall be governed by and construed in accordance with the laws of Connecticut without regard to its choice of law rules. All parties consent to the exclusive jurisdiction of the state or federal courts of Connecticut. The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other provision.
General Terms and Conditions:
Set forth below are the terms and conditions (these "Terms and Conditions") governing the Rockstar Technologies, L.L.C.'s website located at, or linked to through, the root URL www.zaziggy.com, which may expand or change from time to time (the "Website"). As used herein, the term "Rockstar" refers to Rockstar Technologies, L.L.C., the sole owner and operator of the Website; the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation. These Terms and Conditions may be in addition to any written agreement that you have already executed with Rockstar. CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW. Submissions: By contributing or submitting any content to the Website, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Rockstar a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. You retain all ownership rights to information, text, graphics, or other materials you provide to Rockstar for use on the Website. None of the materials shall be subject to any obligation of confidence on the part of Rockstar, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Rockstar reserves the right to change, condense or delete any content on the Website that Rockstar deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. We can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You agree that you shall not provide Rockstar with any submissions: - that is known by you to be false, inaccurate or misleading; - that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; - that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); - that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; - for which you were compensated or granted any consideration by any third party; - or that contains any computer viruses, worms or other potentially damaging computer programs or files. Use of Materials Found on the Website: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may only access and use the Materials for lawful purposes or as expressly provided for in applicable Rockstar Terms and Conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any file located on a Rockstar server, except where explicitly allowed to do so. You should not attempt to claim any Materials as your own work unless it is material that you have submitted to Rockstar. Any computer file or software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement. Before using any Rockstar logo or trademark, please contact Rockstar. Copyright and Trademark Infringement Policy and Notification Procedure: Content available on the Website, including, but not limited to site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Rockstar, with all rights reserved, or is the property of third parties protected by intellectual property rights (collectively, "Content"). Rockstar Technologies, the Rockstar Technologies logo, Zaziggy, and the Zaziggy logo are trademarks of Rockstar Technologies, L.L.C. Rockstar's service trademarks may not be used in connection with any product or service that is not provided by Rockstar, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Rockstar. If you believe content on the Website infringes your copyright or trademark, you should send notice of such copyright or trademark infringement to Rockstar's IP Department. Your notice must provide the following information: 1. An identification of the copyrighted work or trademark claimed to have been infringed. 2. An identification of the material that you claim is infringing so that we may locate it on the site. 3. Your address, telephone number and email address. 4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent or the law 5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright and/or trademark interest involved. 6. Your full legal name and signature. The notice should be mailed to: Rockstar Technologies, L.L.C. Attn: IP Department P.O. Box 1065 Glastonbury, CT 06033 U.S.A. Or via fax to: 860.659.9286 (Attn: IP Department). Or via email to abuse@zaziggy.com. Upon receipt of notice as described above, Rockstar will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website. Rockstar only shall use information provided by complainants in accordance with its then-current Privacy Policy and as reasonably necessary to address any allegations contained therein, which may include disclosing some or all of the information to the artists or advertisers. In most cases, soon after receiving written notice alleging infringement, Rockstar either will remove the allegedly infringing content from those web pages identified or, at its election, remove those web pages. Your Conduct: You shall use the Website for lawful purposes only. If we feel that you are abusing the Rockstar website in any way, we reserve the right to share certain information with third parties. Abuses include, but are not limited to, possible copyright infringement, possible libel and slander, possible credit card fraud. Rockstar reserves the right to refuse service, terminate accounts, and/or cancel advertisements at its sole discretion and without notification should we determine that you are engaging in unlawful and/or abusive behavior. If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. The technology and the software underlying our sites and services is the property of Rockstar, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including, but not limited to, for the purpose of obtaining unauthorized access to our sites. Content: The Website offers a wide selection and variety of content to our users, artists, and advertisers. All Users of the Website must evaluate and bear the risk associated with the use of the Website and related services. Users, artists, and advertisers are also encouraged to contact Rockstar for evaluation of possible offensive material. Rockstar reserves the right to act on such notices at its sole discretion. Royalties: As an artist registered on the Website, you may accrue royalties pursuant to the terms of the License Agreement which is hereby incorporated by reference. Regardless of the royalties owed to you on the site, all royalties are subject to our verification and approval. Among other reasons, we may disapprove royalties if your account terminates or is suspended or if we suspect fraud. Thus, you should not consider royalties "earned" until we have issued your royalty payment. Royalties are not transferable; we will issue checks only in the name of the artist in care of the contact person as provided by You in the License Agreement. You are solely responsible for paying any taxes on your royalties. Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROCKSTAR TECHNOLOGIES, L.L.C. MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, ROCKSTAR TECHNOLOGIES, L.L.C. MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ROCKSTAR TECHNOLOGIES, L.L.C. WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL ROCKSTAR TECHNOLOGIES, L.L.C. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW. Limitation of Liability. By availing yourself of the Website, materials or related services, you agree to release and hold Rockstar and the employees, officers, directors, shareholders, agents, representatives of Rockstar, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Rockstar, any third-party providers or sources of information or data and legal advisers (collectively, " Rockstar Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Rockstar that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, materials or related services. In addition, you agree to defend, indemnify and hold Rockstar Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL ROCKSTAR BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF ROCKSTAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Connecticut as such laws are applied to agreements entered into and to be performed entirely within Connecticut between Connecticut residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Hartford, Connecticut, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Rockstar's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Modification of Terms and Conditions: From time to time Rockstar may modify these Terms and Conditions in its sole discretion. When such modification is made, Rockstar will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. Rockstar is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications. PRIVACY STATEMENT Rockstar is committed to protecting your privacy online. We are also committed to providing you with the very best experience we can on our Website. In order to enhance your experience at our website we gather certain personal information about you that helps us customize our content to your tastes and preferences. Please read the following policy to understand how your personal information will be treated as you make full use of our Website. This policy may change from time to time so please check back periodically. What information do we collect? Rockstar collects information in several ways from different parts of our Web site. Rockstar collects some personal information when you initially sign up for services. We may ask for information such as your name, e-mail address, zip code, and country, demographic information, and personal preferences (collectively "personal information"). The more information you share with us (and the more accurate it is), the better we are able to enhance and customize your experience on our site. Wherever Rockstar collects personal information, we make an effort to include a link to this Privacy Policy on that page. What information do parties other than Rockstar collect? Some advertisers or Websites that have links on our site may collect personally identifiable information about you when you access or utilize those links. Rockstar does not control the collection or use of such information, and the practices of those advertisers and Websites are not covered by this Privacy Policy. What are "cookies" and how do we use them? Rockstar uses "Cookies" to track and record your preferences and activity on our Web site. Cookies are small bits of data that are sent to your browser and stored on your computer's hard drive. Your cookie may be set at various times during your interaction with our Website. It is updated from time to time as you access the many different portions of our Website. Each time you access our site, our server may deliver certain customized information to you based on the data stored in your cookie. Some advertisers or Web sites that have links on our site may also use their own cookies. What do we do with the information we collect? Rockstar's primary goal in collecting personal information is to provide you, the user, with a customized experience on our Web site. The information we collect (including information contained in your cookie) may be used to provide such capabilities as personalization services, interactive communications, and personalized communication between you and the artists and/or advertisers that you prefer. We may also use the information to estimate the size of our audience and measure certain traffic patterns, to track the progress and number of entries in promotions and contests, to notify our visitors about updates to our Web site, to contact you for marketing purposes, to contact you on behalf of certain artists and other third parties and deliver targeted advertisements that may be of interest to you. In addition, if we feel that a user abuses the zaziggy.com or other Rockstar site in any way, we reserve the right to share certain information with third parties. Abuses include, but are not limited to, possible copyright infringement, possible libel and slander. With whom do we share your information and for what purpose? Rockstar does not sell, rent, or trade your personal information with others. However, when one or more of our business partners co-sponsor a service, promotion and/or contest, we may share some or all of the information collected in connection with such service, promotion or contest with the co-sponsor(s). However, we will not share your personal contact information with anyone. Your Consent By using our Web site, you consent to the collection and use of your personal information by Rockstar as outlined in this Privacy Policy. Changes to our Privacy Policy From time to time, we may change our Privacy Policy. We will post those changes on this page so that our customers will always be aware of what information we collect, how we use it, and under what circumstances we share the information with others.
I agree to the Artist License Agreement and the Terms and Conditions above.
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