RedFizz Terms of Service
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
if you have any questions or concerns about these 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.
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.
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
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
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
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.
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
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.
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.
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.
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.
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
Modifications and Interruption
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.
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
responsible therein. We encourage all Users to review said privacy policies of third-parties’
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
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
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
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 ©
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.
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
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 addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a User.
to the use and disclosure of their personally identifiable information and other