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Terms of Service Privacy Policy
NumberOneMusic.com - Artist Terms of Service
1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Statement, which is incorporated into these Terms of Use by reference.
2. Our Service
Our web site and services provided to you on and through our web site on an AS IS basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here. NumberOneMusic 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. NumberOneMusic approves all Artist Accounts electronically. Once your Artist Account is approved, you may create an Artist-specific mini-page on NumberOneMusic (“Artist Page”). NumberOneMusic 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 NumberOneMusic and should not use the site for any purpose without the express written consent of Number One Ent. . NumberOneMusic reserves the right to terminate an Artist’s Artist Account at its sole discretion at any time without prior notice to Artist. Artists may terminate their Artist Account at any time upon sixty (60) days written notice to NumberOneMusic or by using the tools provided in the Artists Area.
4. Name and Likeness
By registering for and maintaining an Artist Account, you grant to NumberOneMusic and the Number One Ent. 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 NumberOneMusic and Number One ent., or to refrain therefrom.
5. Privacy Policy
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Statement.
6. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
7. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
8. Submission of Content on this Web Site
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, perform, promote, archive, translate, and offer for stream and/or download uploaded media, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
9. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
10. Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.
11. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
13. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
14. Applicable Law
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws of New York, NY, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of New York, NY.
15. Miscellaneous Information
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
(iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
If you have any questions, comments, or suggestions about these Legal Notices, please do not hesitate to contact us. info@numberonemusic.com
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Number One Music Privacy Policy
Number One ent. is a leading music marketing company. We specialize in operating official artist street teams online. In the process of providing these marketing services, Number One often operates an artist's official street team database. In addition, Number One occasionally operates an artist's official mailing list. Number One is also in the business of coordinating contests and promotions geared to help expose an artist and their new music releases, tours, and media appearances. Number One also runs artist's official subscription-based fan clubs.
We respect and are committed to protecting your privacy. This Privacy Policy lets you know how your personal information is processed and used at Number One Music. We take extraordinary steps to use your personal information only in ways that are compatible with this Privacy Policy.
Information Collection
Number One ent. is hired by record companies and by music artists and their management to run official street teams, mailing lists, and fan clubs. Number One collects personal information when you join one of these official street teams, mailing lists, or fan clubs. Number One also collects personal information when you enter one of our Number One sponsored contests or promotions.
A Number One signup can be found on an artist's website, at an unofficial artist website ("Affiliate Site" or "Fan Site"), or at a 3rd party location on the Internet. A Number One list can be identified by the words "Powered by Number One ent." at the bottom of the signup form.
For an artist's Mailing List, Number One collects your information so that you can receive information about an artist's specific events, such as album release dates, songs being played on radio stations and video outlets, tour and media appearance.
For an artist's online Street Team, Number One collects your information so that you can receive both news and directions on how to help promote an artist on the Internet.
The basic information we gather includes name, address, age, gender, email address, phone number, and website address (if applicable) so that we have an idea of the makeup of the membership.
If you are joining a street team, you will be asked additional information throughout the period of time that Number One runs the artist's official street team. This information may include feedback on the artist as well as information on how you helped promote the artist online. You may also be asked information pertaining to your trends and tendencies such as purchasing or viewing habits. You are not required to answer any of these questions. If you consistently do not answer survey questions or respond to any of the street team missions, you may be dropped from the team. Understand that this is soley to keep the team active and accurate.
Regarding contests and promotions, Number One collects specific demographic information in order to enter a person into the contest and ultimately enable them a chance to win a given prize. Occasionally your information is passed on to partners of Number One that have contributed to prizing or participation of the contests and promotions. Please check the contest rules and specific privacy policy when entering a contest for exact information about the sharing of this data.
For fan clubs, Number One collects purchasing information that allows us to process the monetary transaction necessary for purchase of a membership. This is a secure transaction that includes the processing of a credit card.
When you enter a Number One list signup or web page, we receive and record information automatically such as your IP address, your browser, cookie information, and the pages you continue on to.
Cookies
Our database uses a standard technology called a "cookie." In order to process your information, we need to store this unique session ID ("Cookies") on your computer so that we can keep track of you and make your visit more efficient while you are on our site. This cookie is never written to your hard disk drive, it is temporarily stored in your computer's RAM and once you close your browser this temporary cookie is deleted. We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to gather broad demographic information. We sometimes use cookies to deliver content specific to your interests and to save your password so you don't have to re-enter it each time you visit our site. Your privacy is very important to us. If you are not able to join our mailing list, street team, or enter a contest or purchase a fan club membership, you may have your cookies turned off. If you would like to use this portion of the site please turn on your cookie capabilities in your browser.
We may from time to time use an outside ad company to display ads on our site. These ads may contain cookies. While we use cookies in other parts of our Web site, cookies received with banner ads are collected by the ad company, and we do not have access to this information. Some customer data is shared with the advertising companies.
Confidentiality, Sharing of Information, and Disclosure of Practices
When you join a Number One listeners area, mailing list, street team, or fan club, that information is not shared with any other client, artist, manager, or outside partner, unless you "opted-in" by choosing "Yes" when asked, "Do you want to be contacted about special offers and contests from Number One's partners?" With regards to a specific artist's mailing list, street team, or fan club, that you have signed up for, the information will be given directly to the artist or artist's representative when Number One has completed our term working for the artist.
The Opt-In specifically means that you would like to be part of the greater Number One mailing list and network of sites and partners. This enables you to receive
The Number One Newsletter which is distributed weekly to introduce music fans to other artists and partners that we work with
Special mailings based on music preference, location, gender, age, or other demographics. These mailing may include promotions, contests, discounts, or other opportunities
If you enter a Number One contest, your information is subject to being shared with particpants providing prizes or other resources to help make the contest reach a larger audience.
By entering a Number One contest, you are automatically agreeing to join the Number One mailing list referenced above. You may unsubscribe from this list at any time by clicking on the "unsubscribe" link at the bottom of emails that you receive. If this does not work, you may request to unsubscribe by contacting us at info@numberonemusic.com , subject: "unsubscribe."
On occasion we may share, sell, or trade your information with companies that underwrite our contests or with companies that provide products or services that we think will be of interest to you, provided you have chosen the "Yes" opt-in.
You can unsubscribe or change your "Opt-In" status at any time. There is always an unsubscribe link on every Number One email, however, if that does not work, you may request a change by contacting us at info@numberonemusic.com , subject: "change profile." State that you would like to "opt-out" and we will make that change.
Number One is hired by many record companies. Number One is also hired by motion picture companies, video game companies, and other companies. When you join a mailing list, street team, fan club, contest, or promotion, your information, including email address, may be shared with the artist or company consistent with the Terms of Service and Privacy Policy of the individual company we work with. Also, by joining a mailing list, street team, fan club, contest, and/or promotion, you are acknowledging that you consent to receiving emails pertaining to the artist, company, or promotion.
Occasionaly we will direct you via links to third party sites. When you visit these sites, you are subject to the terms of the third party site's Privacy Policy.
Updating or Deleting Your Information
With most emails or in our street team communities, you can change your Profile at any time. This will enable you to change your personal information should you move or change email addresses. You may also choose whether or not to receive Number One and Number One-client emails. If you choose to receive emails, they will be sent to the email address that you specify. You may unsubscribe at any time by clicking on the "unsubscribe" link at the bottom of emails that you receive. If this does not work, you may request to unsubscribe by contacting us at info@numberonemusic.com , subject: "unsubscribe." State which mailing list you would like to unsubscribe from in the body of the email. Note: Number One may run numerous mailing lists, street teams, fan clubs, and promotions at any given time, so please specify what you are unsubscribing from. You may also unsubscribe from "All" Number One lists at once by stating this in the body of your email.
Links
Links to other sites outside of Number One Music do not apply to this privacy statement. We are not responsible for privacy policies of other websites linked to Number One Music. Please read the privacy statement of each website linked to Number One Music for information and data use for visitor's personal identification. Our privacy statement applies solely to Number One Music.
This Privacy Policy may be changed at any time. We need you to be responsible and read and understand the Privacy Policy before joining our mailing list. In the event that Number One is sold or merged with another company, Number One may transfer information it collects, including any personal information, to the new company who will abide by a similar privacy policy.
Any questions regarding this policy should be directed via email to info@numberonemusic.com. We appreciate your patronage and we truly respect you as fans. We are dedicated to maintaining your privacy and making sure that your experience with us is one that you will truly enjoy.
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