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Streethound.com Terms of Use Agreement
Welcome to Streethound.com. Streethound.com is a Community of music fans that allows members to create unique personal profiles online in order to write about and share their opinions with others. The service is operated by Streethound.com, Inc. (”Streethound.com”). By using the Streethound.com Website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member (”Member”). If you wish to become a Member, communicate with other Members and make use of the Streethound.com services (the “Service”), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. Streethound.com may modify this Agreement from time to time and such modification shall be effective upon posting by Streethound.com on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Streethound.com’s policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and Streethound.com’s Privacy Policy. You may also receive a copy of this Agreement by emailing us at: privacy@streethound.com, Subject: Terms of Use Agreement.
Eligibility
You must be fourteen years of age or older to register as a member of Streethound.com or use the Web site. If you are under the age of 14, you are not allowed to register and become a member of Streethound or access Streethound.com’s content, features and services on the Web Site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. Streethound.com may terminate your membership for any reason, at any time. Your membership may be cancelled and your contributions deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
Streethound.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
Terms.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the membership page. Streethound.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to Streethound.com. If Streethound.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of earnings or paid fees. Terms of Use and/or membership benefits and earnings that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that Streethound.com reserves the right to change the Terms of Use for the Service and has the right to terminate a Member’s Membership should Member breach this Agreement or fail to abide by any other agreement between Streethound.com and Member or as required by this Agreement. Even after membership is terminated, this Agreement will remain in effect.
Non Commercial Use by Members
You understand that the Strethound.com Web site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Additionally, you agree not to use automated scripts to collect information from the Web site or for any other purpose. You further agree that you may not use Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Streethound.com Web site.
In addition, you agree not to use the Streethound.com Web site to:
• Upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Intimidate or harass another;
Proprietary Rights in Content on Streethound
Streethound.com owns and retains all proprietary rights in the Streethound.com Web site and the Streethound.com Service. The Streethound.com Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Streethound.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Member Content Posted on the Site
You are solely responsible for the content, photos or profiles Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members (collectively the “Member Content”). You understand and agree that Streethound.com may review and delete or remove any Member Content that in the sole judgment of Streethound.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
By posting Member Content to any part of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Streethound.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Streethound.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. 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; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Streethound.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. h. You may not cover or obscure the banner advertisements on your personal profile page, or any Streethound page via HTML/CSS or any other means. i. Any automated use of the system, such as using scripts to add friends, is prohibited. j. You may not attempt to impersonate another user or person who is not a member of Streethound.com. k. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. m. You may not sell or otherwise transfer your profile.
Copyright Policy.
Streethound.com respects the intellectual property rights of others. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Streethound’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Streethound.com, Inc. copyright@streethound.com
Links to other websites
The Streethound.com Web site contains links to other web sites. Streethound.com is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by Streethound. Inclusion of any linked web site on Streethound Web site does not imply approval or endorsement of the linked web site by Streethound.com. If you decide to leave Streethound.com Web site and access these third-party sites, you do so at your own risk.
Member Disputes
You are solely responsible for your interactions with other Streethound Members. Streethound reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy
Use of the Streethound Website and/or the Service is also governed by our Privacy Policy.
Disclaimers.
Streethound.com is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Streethound.com is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Streethound.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Streethound.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Streethound.com be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided “AS-IS” and Streethound.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Streethound.com cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Streethound.com or through or from the service shall create any warranty not expressly stated herein.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL STREETHOUND BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF STREETHOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STREETHOUND’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO STREETHOUND FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Disputes
If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Santa Barbara.
Indemnity
You agree to indemnify and hold Streethound.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, 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 Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Streethound and any User of the Service unless explicitly declared.
Other
This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Streethound regarding the use of the Web site and/or the Service. The failure of Streethound to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this agreement.
tos@streethound.com
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