RedFizz Terms of Service

Read This Terms of Use Agreement Before Accessing Website.

 

Effective Date:  This Terms of Use Agreement was last updated on January 25, 2008.

IMPORTANT: RedFizz is not out to screw you, sell your music, interfere with any label contracts, or otherwise annoy you.  As described below, you can request to have your music taken offline whenever you want to. Please contact us if you have any questions or concerns about these terms.

This Terms of Use Agreement sets forth the standards of use of the RedFizz Online Service. By using the RedFizz.com website (“RedFizz,” “Us,” “We,” “the Website,” or “the Service”), you (the “User” or “You”) agree to these terms and conditions. Users include both registered members and unregistered visitors. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement. We will post notice of any such modifications on the RedFizz message board, at which point the modifications shall become effective. If the modifications are not to your liking, you may remove your songs as detailed below and terminate your relationship with RedFizz. However, your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

1.      Description of Service

 

RedFizz is providing User with a music hosting service. User must provide (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.

 

2.      RedFizz Rights

 

As noted above, RedFizz is not in the business of selling music. However, by posting or submitting any sound recordings, pictures, videos, lyrics, text, trade names, artist names, marks, likenesses, logos, or other materials (henceforth called “Material”) to RedFizz (“RedFizz,” “Us,” or “We”), you hereby grant us a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Material (in whole or in part) on and through the website or any other medium We deem appropriate. This license will terminate at the time that such Material is removed from the website.

 

We reserve the right to use your Material to promote RedFizz products and services without payment to you or any other persons or companies. We may also waive, on your behalf, any performance royalties on the Material for airplay in any medium, including internet, radio (terrestrial and satellite), and television, for the purpose of promoting RedFizz, your band, or your music.

 

USERS MAY REQUEST AT ANY TIME THE REMOVAL OF ANY SOUND RECORDINGS THEY HAVE POSTED. HOWEVER, ANY COMMENTS OR MESSAGE BOARD POSTS USERS HAVE MADE WHILE A USER WILL REMAIN ON REDFIZZ INDEFINITELY.  ANY COMMENTS OR MESSAGE BOARD POSTS THAT OTHER USERS MAY HAVE MADE ABOUT A USER'S SONG OR BAND WILL REMAIN ON REDFIZZ INDEFINITELY.

 

IN THE EVENT THAT A USER REQUESTS THE REMOVAL OF ANY SOUND RECORDING(S) THAT THE USER HAS POSTED, SAID RECORDING(S) MAY STILL REMAIN ACCESSIBLE FROM THE SITE FOR UP TO 3 DAYS, AFTER WHICH TIME THEY WILL BE MADE INACCESSIBLE FROM THE SITE.

PLEASE NOTE THAT WHILE A SONG WILL BE MADE INACCESSIBLE AFTER THREE DAYS, IT MAY TAKE ADDITIONAL TIME FOR IT TO BE FULLY REMOVED CLEARED FROM ALL OF OUR SYSTEMS. HOWEVER, THE RECORDING(S) WILL NOT BE GENERALLY ACCESSIBLE TO USERS OF THE WEBSITE DURING THIS LAG TIME.

RedFizz reserves the right to continue to display band pages, song pages, critic pages, and other meta information about bands, songs, and critics as seen fit by RedFizz management.

* The reason we require a minimum of three days for any song is that RedFizz is all about discussion. It would be damaging to the Website if, for example, the feature song were removed by the artist during its 24 hours on the homepage. Please contact us if you have any questions about this policy.

 

3.      Content

 

RedFizz strives to be as lenient as possible regarding the Material You post in your profile and elsewhere on the site. However, RedFizz 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 wesbite at any time, for any or no reason, with or without prior notice, and without liability. You are solely responsible for all Material that you post on RedFizz, including but not limited to sound recordings, images, comments, and message board posts. Any such Material is not necessarily reviewed by RedFizz prior to posting.

 

By posting any Material on RedFizz, you represent and warrant that: (a) you own the Material posted by you on or through the website or otherwise have the right to grant the license set forth in this section, and (b) the posting of your Material on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Material posted by you to or through the Website.

RedFizz has a policy of deleting and reformatting meta-information for submitted MP3 files.  RedFizz reserves the right to reformat said information for all submitted MP3 files, and to include information about RedFizz in the reformatted MP3 file (example: setting the genre to RedFizz.

IF A USER IS FOUND TO HAVE SUBMITTED COPYWRITTEN MATERIAL WITHOUT LEGAL PERMISSION, REDFIZZ RESERVES TO THE RIGHT TO REPORT THIS ACTIVITY TO THE PROPER AUTHORITIES, AND TO FORWARD ALL APPLICABLE INFORMATION TO THE PROPER AUTHORITIES. 

4.      Use of RedFizz

 

This website is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by RedFizz. Illegal and/or unauthorized use of the website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited or bulk email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of RedFizz.

5.      Disclaimer of Warranties.

 

The site is provided by RedFizz on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, RedFizz makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  RedFizz shall have no liability for any interruptions in the use of this Website.  RedFizz disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

6.      Limitation of Liability

 

REDFIZZ SHALL NOT be liable for any damages whatsoever, and in particular RedFizz shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if RedFizz has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

7.      Indemnification

 

User agrees to indemnify and hold RedFizz, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

 

8.      Modifications and Interruption to Service

 

RedFizz reserves the right to modify or discontinue the Service with or without notice to the User. RedFizz shall not be liable to User or any third party should RedFizz exercise its right to modify or discontinue the Service. User acknowledges and accepts that RedFizz does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

9.      Third-Party Sites

 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.

 

10.  Disclaimer Regarding Accuracy of Vendor Information

 

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While RedFizz makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

 

RedFizz makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

11.  Governing Jurisdiction of the Courts of Massachusetts

 

Our website is operated and provided in the Commonwealth of Massachusetts.  As such, we are subject to the laws of the Commonwealth of Massachusetts, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Massachusets. 

 

12.  Compliance with Laws.

 

User assumes all knowledge of applicable law and is responsible for compliance with any such laws.  User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

13.  Copyright and Trademark Information

 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2010 RedFizz.com, with all rights reserved, or is the property of RedFizz and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of RedFizz is strictly prohibited.  Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of RedFizz.

 

RedFizz™ and RedFizz.com™ are proprietary marks of RedFizz.com.  RedFizz’s trademarks may not be used in connection with any product or service that is not provided by RedFizz, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RedFizz.

 

All other trademarks displayed on RedFizz’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with RedFizz.

 

14.  Notification of Claimed Copyright Infringement

 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, RedFizz.com designates the following form as its agent for receipt of notifications of claimed copyright infringement.

 

http://redfizz.com/rf/contact.aspx

 

15.  Botnets

 

RedFizz retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, RedFizz reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

16.  Other Terms

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by RedFizz, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.  User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.