Terms of Use

Please note:
As of 9/25/2008 we have made changes to our Terms of Use

Nature of Services and Registration

Itslivemusic.com (the “Site”) is an internet website owned by ItsLiveMusic Corp., a California corporation (“ItsLiveMusic” or “We”). You must be thirteen years or older to use it. You are invited to search and post shows, writings, and songs, promote artists and live music venues and visit the Site (collectively and together with the Site, the “Services”).
You may be required to become a Member in order to access some of the Services. To do so, you will be required to create a username and password, to agree to this Agreement and to provide your email address. Your Membership is solely for your personal use, and you shall not authorize others to use your account. You expressly acknowledge and agree that any use of the Site and Services will be in accordance with these Terms of Use.
If you do not agree to be bound by these Terms of Use, don’t use the Site and Services. The Site reserves the right to modify these Terms of Use at any time and will publish notifications of material modifications at its sole discretion. By continuing to access the Site after notice of such modifications have been published, you signify your agreement to be bound by them.
This Agreement incorporates ItsLiveMusic’s Privacy Policy and Purchase and Refund Policy. By agreeing to the terms herein, you are hereby agreeing to these terms as well.
If you believe that any content on the Site violates the Terms of Use, please notify the Site by sending an email. The Site does not guarantee that any action will be taken as a result of your email.

Acceptable Use and Content Posted / Activity Prohibited

ItsLiveMusic may delete any content that in the sole judgment of ItsLiveMusic violates this agreement or which may be illegal, or violate the rights, harm, or threaten the safety of any person. ItsLiveMusic assumes no responsibility for monitoring the Site and Services for inappropriate content or conduct. You are solely responsible for the content that you post on or through any of the Services.

The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Services. ItsLiveMusic reserves the right to investigate and take appropriate legal action against anyone who, in ItsLiveMusic’s sole discretion violates this provision, including without limitation removing the offending communication from the Services and terminating the Membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of ItsLiveMusic:
  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains violence, or contains a link to an adult website;
  5. solicits personal information from anyone under 18;
  6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  7. 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;
  8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
  9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  13. includes a photograph of another person that you have posted without that person's consent;

Disclaimers

ItsLiveMusic is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Services. Profiles created and posted by Members on the Site may contain links to other websites. ItsLiveMusic is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ItsLiveMusic. Inclusion of any linked websites on the Services does not imply approval or endorsement of the linked websites by ItsLiveMusic. When you access these third-party sites, you do so at your own risk. The Site and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or noninfringement.

The Site does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through the Site is at your own risk.

The site is not liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use the Site or any links; to your placement of content on the Site; or to your reliance upon information obtained from or through the Site or through links contained on the Site.

The Site is not an intermediary, broker/dealer, investment advisor, or exchange and does not provide services as such.

Choice of Law and Forum

You agree that any dispute arising out of or relating to these Terms of Use or any content posted to the Site, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute.

Copyright Policy

Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), the Site has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please fill out the Notice of Infringement form below and mail it to ItsLiveMusic, Corp.

The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site.
  • 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.
  • Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has 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.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please mail to ItsLiveMusic, Corp. a separate Notice of Infringement each time you would like to report alleged acts of infringement.

Unauthorized Use

Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

Indemnification

You agree to indemnify and hold the Site and any Site-affiliated person or entity harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Site or your placement of any content onto the Site, and to fully cooperate in the Site’s or any Site-affiliated person’s or entity’s defense against any such claims.

Integration

These Terms of Use constitute the entire agreement between you and the Site and any Site-affiliated persons or parties with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.


Notice of Infringement Form
ItsLiveMusic, Corp.
314 S Gardner Street
Los Angeles, California 90036
Date: ______________
Dear Sir:
I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that I am the owner or an
agent authorized to act on behalf of the owner of certain intellectual property rights. The name of such owner is ____________________________________ (the “Owner”).
I have a good faith belief that the material identified below is not authorized by the above Owner, its agent, or the law and thus infringes the Owner’s rights. Please act promptly to remove or disable the access to the material or items claimed to be infringing.


Location of the alleged infringing material:
____________________________________________

Description of the infringing material:
____________________________________________

Description of the copyrighted work that you claimed is infringed:
____________________________________________


You may contact me at:
Name: ___________________________________
Title: ___________________________________
Company: ________________________________
Street address: ____________________________
City, State: _______________________________
Zip: ___________________________________
Tel.: ___________________________________
Email: ___________________________________
Fax: _____________________________________


By: _____________________________________
Name: ___________________________________
Title: ____________________________________

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