OurStage Terms and Conditions

Welcome to the web site www.ourstage.com (“OurStage.com” or "Site"), which is owned and operated by OurStage, Inc. (“OurStage”). This Site is quickly becoming the world’s central platform for new music discovery and promotion. On OurStage.com, artists, fans and industry professionals come together to discover, judge & enjoy the best new music and the best new artists online (“OurStage Services”). Your use of this Site and the features at this Site are subject to these Terms and Conditions ("Terms"), which we may update from time to time. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. OurStage may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. OurStage will have no liability to you if this Site is discontinued or your ability to access it is terminated. You are only authorized to use the OurStage Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms. If you do not agree with these Terms, you should immediately discontinue all use of this Site.

OurStage Content

Content on this Site provided by OurStage or its licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("OurStage Content") is the property of OurStage and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the site ("Submitted Content"), such as user-posted content, including audio files, musical works, graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the parties that provided that content, and is used by OurStage subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law. Although OurStage makes efforts to insure that all material on this site is correct, accuracy cannot be, and is not, guaranteed by OurStage.

You agree not to download, display or use any OurStage Content or Submitted Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of OurStage, in any other manner that is likely to cause confusion among consumers, that disparages or discredits OurStage and/or its licensors, that dilutes the strength of OurStage's or its licensor's property, or that otherwise infringes OurStage's or its licensor's intellectual property rights. You further agree to in no other way misuse any OurStage Content or Submitted Content that appears on this Site. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to the DMCA link at the bottom of any Site web page and follow the instructions. Users who believe that user-posted content includes infringing materials should click on the Copyright icon while playing or judging that content.

Posting Submitted Content

On certain areas of our Site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("Submitted Content"). Your posting of Submitted Content is subject to these Terms, the following terms ("Submission Rules"), and any additional terms posted for a specific feature:

• No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by OurStage.
• No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of OurStage. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
• No Commercial Use: You agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
• No Viruses, Corrupting Files or Interference: You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by OurStage or as embedded in the Submitted Content unless expressly authorized in writing by OurStage.
• Use of Account Information: You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
• Responsibility of Postings: You understand and acknowledge that Submitted Content posted by you is solely your responsibility, and that OurStage is not responsible for the information, data, text or other materials that may appear in any Submitted Content. Opinions expressed in Submitted Content do not necessarily reflect the opinions of OurStage, and OurStage does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by OurStage prior to posting and OurStage makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content.
• No Monitoring/Violation Notices: OurStage does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please email OurStage's Community Team.
• User Termination/No Ownership: You understand and agree that you have no ownership rights in your account or other access to the Site or features therein. OurStage may cancel your Account and delete all Submitted Content associated with your Account at any time, and without notice, if OurStage deems that you have violated these Terms, the Submission Rules, the law, or for any other reason. OurStage assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
• No Confidentiality: The nature of this Site is interactive and public. By posting Submitted Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to OurStage may be used by OurStage anywhere, anytime, and for any reason whatsoever subject to the terms of the Submitted Content License described in Ownership of Posted Content and License thereto, below.

Ownership of Posted Content and License Thereto

After posting your Submitted Content to the Site, you continue to retain all ownership rights in such Submitted Content, and you continue to have the right to use your Submitted Content in any way you choose, subject to these Terms and the license described herein ("Submitted Content License"). OurStage may delete any Submitted Content that, in the sole judgment of OurStage, violates these Terms or the Submission Rules.

• Scope of License: By displaying, publishing, or otherwise posting any Submitted Content on or through the Site, you hereby grant to OurStage a limited, non-exclusive (meaning that you are free to license your Content to anyone else in addition to OurStage), sub-licensable (so that OurStage can use its affiliates, partners and other subcontractors such as Internet content delivery networks and wireless carriers to provide the OurStage Services), worldwide (because the Internet and OurStage Services are global in reach), fully-paid and royalty free (meaning that OurStage is not required to pay you for the use of the Submitted Content you post) license to use, modify (every effort will be made to preserve the integrity of your Submitted Content, but occasionally a technical modification such as compressing the file is necessary), publicly perform or publicly display (for editorial or promotional purposes), reproduce, and distribute such Submitted Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
• Representations: You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and that our use thereof pursuant to the submitted Content License, does not/will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site. Except for your Submitted Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Submitted Content appearing on this Site.
• Selling Music: OurStage offers artists the option to sell their music on the OurStage.com. Artists must opt-in to take advantage of this opportunity, and may opt-out at any time by changing their account preferences. Individual tracks will be sold at a price of 99 cents per track. OurStage will pay to the artist 80 cents out of each 99 cent sale. Payments will be made to artists through electronic means (PayPal payments only), and will be paid out quarterly based on reports of sales through March, June, September, and December of any given year. Payouts will be made only for those artists whose OurStage accounts show sales activity exceeding $20. OurStage reserves the right to change the program in any way in the future. Artists will continue to have the opportunity to opt-out

Indemnification

You agree to indemnify and hold OurStage, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of Submitted Content.

OurStage and the Community

OurStage and the Community work together to keep OurStage running and the Community safe. If you have concerns about OurStage or a user on OurStage, please contact the OurStage staff directly.

OurStage's Community Group works to ensure that the site is safe, accessible, and enjoyable to all of our members, partners, and sponsors. OurStage, at its sole discretion, may deactivate, suspend, or terminate our services and user accounts, prohibit access to areas or the entirety of the OurStage web Site, remove content, and take other technical or legal steps to keep users off the Site if they are acting in a manner inconsistent with OurStage's Terms and Conditions and/or Community Values. You also agree that you will not:

• Infrastructure: Utilize any technology or take any action with the intent of overloading or disrupting the normal operation of the OurStage infrastructure;
• Permissions: Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior express written permission of OurStage and any other appropriate parties;
• Interference: Interfere or attempt to interfere with the proper working of the OurStage site, communication between users on the site, or any other activities conducted on the site, including the ranking of entries while judging.

Your Obligations When Ranking Content

At this Site you may be given the opportunity to review and rank Submitted Content. You are solely responsible for your rankings and reviews, which must adhere to these Terms, including the Submission Rules.

Privacy/Children

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Children under the age of 13 are not permitted to register for an Account or use other interactive features of our Site. Please read our Privacy Policy for more information about our information collection and use practices.

Third Party Websites

This Site may hyperlink to sites not maintained or related to OurStage. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or OurStage, and OurStage makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and OurStage has no control over how your information is collected, used, or otherwise handled.

Representations and Limitations of Liability

OurStage makes no representations about the reliability of the features of this Site, the OurStage Content, Submitted Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. OurStage makes no representations regarding the amount of time that any OurStage Content or Submitted Content will be preserved. OurStage does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Submitted Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Submitted Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by OurStage without the prior review and written approval of OurStage. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Submitted Content (for example, describing and promoting your Submitted Content on a personal blog or in emails).

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OURSTAGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL OURSTAGE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OURSTAGE'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OURSTAGE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH OURSTAGE.COM MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY OURSTAGE.COM.

Miscellaneous

Both you and OurStage acknowledge and agree that no partnership is formed and neither of you nor OurStage has the power or the authority to obligate or bind the other. This Agreement will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts for Boston, Massachusetts. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

These Terms constitute a binding agreement between you and OurStage, and is accepted by you upon your use of the Site or your account. These Terms constitutes the entire agreement between you and OurStage regarding the use of the Site and your account. By clicking "I agree" you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

OurStage shall have the right at any time to (a) change the terms of these Terms, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.

The failure of OurStage to comply with the Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of OurStage, shall not be deemed a breach of these Terms. If OurStage fails to act with respect to your breach or anyone else's breach on any occasion, OurStage is not waiving its right to act with respect to future or similar breaches.

If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms

These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon are void where prohibited.