FanBuzz Enterprises LLC
FanBuzz Enterprises LLC (“FanBuzz” “us” “we” or “our”) provides listening parties and purchases of music (“Services”) to individuals (“Member” “Members”) by you (“You” or “Your”) and others online at https://fanbuzzapp.com (“Website” or “Site”).
Content Rights and Ownership
All content provided or otherwise made available by you to FanBuzz through the Services and the Site, including, without limitation, text, graphics, images, music, software, audio, video, concepts, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by you and is protected by intellectual property rights and unfair competition laws within and outside of the United States. Content also includes any Content that Members (including You) provide or make available through Our Services and Site (“Member Content”).
By making Member Content available through our Services and Site, you hereby grant FanBuzz a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable to use, copy, reproduce, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Content in connection with operating and providing our services, Site, and Content to you and other Members.
Use of Content
You agree to submit Member Content, including, without limitation, music. By submitting the Member Content you agree that it will be made available to FanBuzz.com users who may rate the music and may download for the purposes of listening or purchase.
Member Conduct, General Prohibitions, and Acceptable Usage
FanBuzz’s goal is to foster a positive and welcoming community for its Members and Site visitors. Consequently, FanBuzz has established the following rules of use. As a Member, you agree not to use our Services to do any of the following:
Use and/or interact with our Website to:
[a] Attempt to access another Member’s account, including, without limitation, attempts to use another person’s credentials to create an account for our Services or the Site;
[b] Create multiple accounts under different names or e-mails, or re-register an account that was previously terminated by FanBuzz;
[c] Access, tamper with, or use non-public areas of the Services and the Site, FanBuzz’s computer systems, or the technical delivery systems of FanBuzz’s providers;
[d] Attempt to probe, scan, or test the vulnerability of any FanBuzz system or network or breach any security or authentication measures;
[e] Avoid, bypass, remove, reverse engineer, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FanBuzz or any of FanBuzz ’s providers or any other third party (including other Members) to protect the Services, Site, or Content;
[f] Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, malware, Trojan horse, disabling device or any other contaminating or destructive feature;
[g] Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FanBuzz or other generally available third party web browsers;
[h] Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information;
[i] Use any meta tags or other hidden text or metadata utilizing a FanBuzz trademark, logo URL or product name without FanBuzz’s express written consent;
[j] Collect or store any personally identifiable information from the Services or the Site from other Members without their express permission; and
[k] Impersonate or misrepresent your affiliation with any person or entity.
Upload, post, or otherwise transmit any Member Content that:
[a] Violates any local, state, federal, or international law(s);
[b] Is fraudulent, false, misleading or deceptive;
[c] Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
[d] Harms, threatens, defames, promotes violence or illegal activities/substances; is otherwise vulgar, obscene, pornographic, bullying, abusive, harassing, tortuous, libelous, invasive of another’s privacy; is hateful, promotes discrimination, bigotry, racism; or is otherwise objectionable;
[e] Links directly or indirectly to any materials to which you do not have a right to link;
[f] Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security Numbers, and credit card numbers (or any similar unique/distinguishing personal information);
[g] Contains software viruses or any other computer code, files, or programs designed to or does interrupt, destroy, or limit the functionality of any computer software or hardware of telecommunications equipment, or to extract information from our Site or Services;
[h] Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and
[i] In the sole judgement of FanBuzz is objectionable or restricts or inhibits any other person from using or enjoying our Site or Services, or which may expose FanBuzz, our affiliates, or other Members to any harm or liability of any type
Use our content to:
[a] Develop a competing website;
[b] Create compilations or derivative works as defined under United States copyright laws;
[c] Redistribute it in any manner, including, without limitation, sale, license, lease, rental, subscription, or any other distribution mechanism;
[d] Decompile, disassemble, or reverse engineer our Site, Services, and any related software; and
A Member sending any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although FanBuzz reserves the rights to monitor, record, edit or remove any Content within our Services or the Site, including Member Content, FanBuzz has no obligation or responsibility to do so. In addition, FanBuzz shall not be liable or responsible to any Member or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
Members and visitors understand that by using our Site or Service, they may be exposed to Member Content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. FanBuzz is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, FanBuzz will submit all necessary information to relevant criminal, civil or regulatory authorities.
If any Member Content is reported to FanBuzz as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by FanBuzz. If the Member fails to meet such a request, FanBuzz has full authority to restrict the Member’s ability to post Member Content or to immediately terminate and block access to the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
Accounts and Passwords
In order to access some features of our Website, you may have to create a user account. When creating your account profile, you acknowledge and confirm that you: [a] will provide accurate and complete information about only yourself; [b] will be asked to create a password and agree to not disclose your password to any third party; [c] will notify FanBuzz immediately if you suspect, or are aware of any breach of security or unauthorized use of your account; and [d] are solely responsible for any and all use of your account.
In order to participate in listening parties, ratings or receive compensation, You hereby agree to maintain an active PayPal account. Payments will be made by You to FanBuzz for ratings provided by Members for music at rates set by the You. However, in no event shall You pay less that twenty cents ($ 0.20) per song or beat, with a minimum of three (3) songs or beats.
As a Member You are encouraged to submit as many songs or beats as you like. There is no cost to listen to any song or beat. Members may download any song or beat for purchase. The cost of each purchase is set by You and will be paid to your PayPal account. You are guaranteed at least one hundred (100) fans.
You can submit comments, suggestions and questions to FanBuzz (collectively the “Feedback”) by e-mailing us at ______. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Trademarks and Trade Names
All trademarks, service marks, trade names, logos and graphics (“Marks”) used in our Services or on the Site are registered or common law trademarks of FanBuzz. You may not make any use of any Marks without the prior written consent of FanBuzz.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Site will be error-free or free from viruses or other harmful components, or that we will correct any errors found within the Site. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We reserve the right at our sole discretion to change any content, software, and other items used or contained in our Site or Services at any time without notice.
Links to Third Party Websites and Content Provided by Third Parties
Our Services and Content may contain links to third-party websites or other resources, but these links and sites do not form part of our Services or Content. We provide these links only as a convenience to you and are not responsible for the content, products, or services available from those websites or resources or links displayed on such sites. FanBuzz does not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. We remind you to review the applicable agreements and policies when visiting any third-party websites, including policies with respect to the use, collection and disclosure of your personal information that may differ from FanBuzz’s.
Our Site may contain content supplied by third parties, including without limitation, other Members, advertisers, merchants and sponsors. Accordingly, FanBuzz has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Members, or any other user of our Site, are those of the respective author(s) and not of FanBuzz . FanBuzz does not guarantee the accuracy, completeness, merchantability or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a direct party to the transactions entered into between you and any merchant. You agree that use of or purchase from such merchants is at your sole risk and without warranties of any kind by us. All rules, legal documents (including privacy policies), and operating procedures of any merchant will apply to you while on any merchant website(s).
Linking to Our Site
You may seek written permission to provide links to our Site provided that: [a] you do not remove or obscure any portion of our Site by framing or other means; [b] your website does not engage in, without limitation, illegal or pornographic activities; and [c] you cease providing links to our Site immediately upon our request.
Internet Service Provider Charges and Other Charges
You are responsible for all mobile, cable or other Internet Service Provider (“ISP”) charges incurred by you for connecting to the Services or the Site, and FanBuzz assumes no responsibility or liability of any such charges, including, without limitation, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problem regarding telephone, ISP, or similar telecommunication/Internet service providers are strictly between you and your service provider. You may receive text messages in connection with your use of our Services or the Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for any text messages you receive and FanBuzz assumes no responsibility or liability for any such charges.
The Services may include certain elements that may be available via your mobile phone, including, without limitation: [a] the ability to book and/or purchase FanBuzz products or services via your mobile phone; [b] the ability to receive and reply to FanBuzz ’s messages; [c] the ability to browse the Site from your mobile phone; and [d] the ability to access certain FanBuzz features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). Unless specifically noted to the contrary, we do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device(s), and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding FanBuzz , other entities, and our Services, by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us.
Assumption of Risk and Disclaimer
FanBuzz provides, and you acknowledge and agree that FanBuzz provides, the Services, this Site and related Content, and any and all materials received by you, including Member Content, as part of your use of our Services, and this Site “as is” and “without warranty” of any nature or kind. FanBuzz grants no, and hereby disclaims all warranties, express, implied, statutory or otherwise, with respect to the Services and this Site provided to you, including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose in connection with the Service, this Site, or content with which it is linked.
FanBuzz hereby disclaims all warranties, express, implied, statutory or otherwise, with respect to any Services, Content, or information that it provides, including any/all information made available through this Website.
Limitation of Liability
In no event shall FanBuzz , nor any other party involved in creating, producing, or delivering the Services or Content on this Site, be liable: [a] to you for any punitive, special, incidental, consequential or other indirect damages (including, without limitation, damages for loss of data or goodwill, loss of programs, lost profits, cost of procurement of substitute services or cost of service interruptions) arising out of or related to the use of or inability to use the Services, this Site, the mobile application software (if any) and any and all equipment or devices received by you (if any) as part of your use of the Services, even if FanBuzz or its agents or representatives know or have been advised of the possibility of such damages; or [b] to any person other than you for any damages whatsoever.
FanBuzz disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or unauthorized users (a/k/a “hackers”) of the Services or Site, except where due to FanBuzz’s gross negligence or willful misconduct.
FanBuzz expressly disclaims liability for all damages and assumes no liability or responsibility for any loss, injury, or damage suffered by any person as a result of the use, misuse, reference to, reliance on, or results obtained from any information, videos or audio made available on this Site or from information obtained at linked sites or recommended products, or any other Content on our Website.
In no event shall FanBuzz be liable to you or anyone else for any amount in excess of the amounts paid by you (or by a third party on your behalf, and only to the extent such amount is directly attributable to you and not another Member) to FanBuzz for access to the online Services and this Site.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or the limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. You may also have other rights, which vary by jurisdiction.
By voluntarily choosing to use the Services and the Site, and accessing our Content, in addition to the payment of any fee or charge, you hereby waive, release, and forever discharge FanBuzz and its directors, officers, agents, contractors, employees, representatives, heirs, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from your use of the Services and the Site. You also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself, including those caused by the negligent act or omission of any of those mentioned, or others acting on their behalf or in any way arising out of or connected with your participation use of the Services or the Site. This provision shall apply to all acts of negligence but shall not apply to willful or wanton acts, or those of an intentional/criminal nature.
This Agreement shall be interpreted, administered and enforced in accordance with the laws of the State of Georgia (exclusive of its conflict of laws rules). Any claim or cause of action of any kind arising out of or connected with this Agreement shall be adjudicated solely and exclusively in either the U.S. District Court for the Atlanta District of Georgia or the State Court of Fulton County, Georgia. You and FanBuzz (each a “Party” and collectively the “Parties”) consent to the personal jurisdiction of such courts for this purpose, and waive any objection to the personal jurisdiction or venue thereof, including forum non-convenience. Notwithstanding the forgoing, a judgement obtained in the State of Georgia may be enforced in any other state, district or territory.
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