IndieByChoice Artist accounts ("Artist Accounts") are for the use of Artists only. Artist Accounts set up for any other type of organization, promotion or purpose will be deleted, including, without limitation, production companies and recording studios. Once your Artist Account is submitted, you may create an Artist-specific mini-page on IndieByChoice ("Artist Page"). IndieByChoice is for the personal use of users ("Users") and the promotional and/or commercial (pursuant to paragraph 7 below) use of Artists only. Organizations, companies, and/or businesses may not register with IndieByChoice and should not use the site for any purpose without the express written consent of IndieByChoice. IndieByChoice reserves the right to terminate an Artist Account at its sole discretion at any time without prior notice to the Artist. Artists may terminate their Artist Account at any time.
3. NAME AND LIKENESS
By registering for and maintaining an Artist Account, you grant to IndieByChoice a non-exclusive license to use and to permit others to use throughout the universe the professional name of Artist, likenesses posted on the Artist Page, other identifications, and biographical material posted on the Artist Page concerning Artist (collectively the "NIL Materials") solely in connection with the advertising and promotion of IndieByChoice, or to refrain therefrom.
6. CONTENT LICENSE
By posting Content on IndieByChoice (including, without limitation, blogs, master recordings, artwork, photographs and tour dates) you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the privacy rights, publicity rights, copyright rights or other intellectual property rights of any third party. You agree to pay for all royalties and fees owing to any person by reason of any Content you post on IndieByChoice. With respect to any Content posted by or in connection with the Products and Services, you hereby grant IndieByChoice 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, and otherwise exploit such Content (specifically including through streaming, podcasting, online/broadcast and satellite radio, suggested playlists and User playlists, but specifically excluding through phonograph records), 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 IndieByChoice or any other IndieByChoice website through links to IndieByChoice, 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.
7. MERCHANDISE SALES
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL INDIEBYCHOICE OR ITS LICENSORS BE LIABLE TO ANY ARTIST ON ACCOUNT OF THAT ARTIST'S OR ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, INCLUDING ANY USER'S INFRINGING USES OF ARTIST CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF INDIEBYCHOICE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, INDIEBYCHOICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ARTIST PAGES OR OTHER CONTENT STORED THROUGHOUT INDIEBYCHOICE, THROUGH HACKING OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL INDIEBYCHOICE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, HACKING, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
9. LINKING TO INDIEBYCHOICE
10. INDEMNITY AND RELEASE
By using the IndieByChoice web site you agree to indemnify IndieByChoice, L.L.C., the IndieByChoice Companies, and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the IndieByChoice web site, your use of the Products and Services, your sale of goods and services through a link from your Artist Page or otherwise, or your submission of ideas and/or related materials to IndieByChoice or from any person's use of any account or password you maintain with IndieByChoice, regardless of whether such use is authorized by you. By using IndieByChoice, using the Products and Services, or submitting any ideas and/or related materials to IndieByChoice, you are hereby agreeing to release IndieByChoice and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to IndieByChoice. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
11. INTELLECTUAL PROPERTY DISPUTES
12. IDEA SUBMISSION