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ELECTRICFOLIO.com Terms of Use

BY ACCESSING AND USING THIS ELECTRICFOLIO.com WEB SITE (the "Site"), YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF USE.

1. Modification of Terms of Use:     By using the Site, you are representing that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing the Site). We may modify these Terms of Use at any time. Modifications will be posted in these Terms of Use, and your use of the Site after such changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes therein. You should read these Terms of Use each time you access, and prior to using, the Site.

2. Use of Site:     Content on the Site may be displayed and printed solely for your personal, non-commercial use. You may not reproduce, copy, sell, resell or otherwise make use of this Site, or any portion of this Site, without the express prior written consent of ELECTRICFOLIO.com. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We reserve the right to refuse service, terminate accounts, and/or cancel orders by our sole discretion. You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for unauthorized use until you notify us at members@ELECTRICFOLIO.com.

You are responsible for obtaining access to the Site and understand that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

3. Registration:     In order to use the membership features you will be required to register and create an account using the ELECTRICFOLIO.com online Registration Form. All registration information provided by you must be accurate and remain current. If any of your registration information changes, you can update it from your "Control" page by selecting the "Manage" link.

4. Registration Fee:   There is a one-time membership fee to establish each account.

5. Subscription Services:  ELECTRICFOLIO.com will charge you fees for hosting your eFolio Web site each month. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. ELECTRICFOLIO.com reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you.

  1. Non-Transferable: Your subscription is not transferable to anyone else at any time, under any circumstances.
  2. Subscription fees: Monthly Subscription fees will be specified in terms of the offer
  3. Subscription Renewal and Cancellation: ELECTRICFOLIO.com will automatically renew and charge your account on or near the date on which your monthly subscription would otherwise expire, unless you give notice to ELECTRICFOLIO.com of your desire to cancel your subscription. Notice of intent to cancel your subscription must be given by sending an email to cancel@ELECTRICFOLIO.com no less than 7 days prior to the end of your current membership period. Your cancellation request should include your ELECTRICFOLIO.com user name and user id and/or the email address associated with your ELECTRICFOLIO.com account. If you cancel prior to your renewal date, you will continue to have access to all ELECTRICFOLIO.com subscription features for the remainder of the membership term you selected at sign-up. Once your membership term has expired, your access to ELECTRICFOLIO.com subscription features will be terminated. ELECTRICFOLIO.com will not pay pro-rated refunds for subscriptions cancelled prior to the renewal date, whether such cancellation is initiated by you or is initiated by ELECTRICFOLIO.com in response to your violation of the Terms of Use. By accepting these Terms of Use, you give permission to ELECTRICFOLIO.com to automatically re-bill your subscription fee to your credit card. Delinquent accounts may be suspended or canceled at ELECTRICFOLIO.com's sole discretion; however, charges will continue to accrue through the term of the subscription. ELECTRICFOLIO.com may bill an additional charge for associated collection fees.
  4. Termination for Violation of the Terms of Use: ELECTRICFOLIO.com may terminate your subscription, paid via prepaid or monthly, for violation of these terms and conditions. If your account is terminated for violation of the Terms of Use, you will not be entitled to a refund and any amount you prepaid will be considered liquidated damages and not a penalty.

6. Fees and Payments:

  1. Offers Vary: All authorized charges will be billed to your valid credit card (or other authorized payment method) based on the terms described in the subscription or advertising offer. On occasion, ELECTRICFOLIO.com may provide time-limited Promotional memberships free of charge to certain members. After the complimentary Promotional membership period has expired, a member would need to make arrangements to either pay for a further period of membership under the terms available at the time or all information that you submitted (additional audio file uploads, image uploads, etc) could be limited or removed,
  2. Credit Card Information: In order to set up an account with ELECTRICFOLIO.com you must provide ELECTRICFOLIO.com with accurate and complete billing information including legal name, address, telephone number, and a valid credit card/billing information. Your card will never be charged without your authorization. By submitting such credit card information, you give ELECTRICFOLIO.com permission to charge all fees incurred through your account to the credit card you designate on the Registration Form. All fees (other than renewal fees) will be charged at the time they are incurred or as specified in the offer.
  3. Membership: ELECTRICFOLIO.com will charge you fees for access to ELECTRICFOLIO.com membership features. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. After your initial subscription period, ELECTRICFOLIO.com reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees (but only upon prior written notice to you --- said notice will customarily be provided via email).
  4. Charge-Backs/Returns: Your right to use the membership features is subject to any restrictions established by ELECTRICFOLIO.com or by your credit card issuer. ELECTRICFOLIO.com reserves the right to either suspend or terminate your account if payment cannot be charged to your credit card or your payment is returned for any reason (including a credit card charge-back). ELECTRICFOLIO.com will bill for unpaid balances and they are subject to an additional charge for associated collection fees, if applicable.

7. Three Day Money Back Guarantee/Refunds: ELECTRICFOLIO.com offers new paid subscribers a Three (3) day money back guarantee. You may resign at any time within the first three days of your 12-month subscription membership purchase or initial monthly membership and receive a full refund for the amount you paid upon membership signup, by sending an email to cancel@ELECTRICFOLIO.com, providing your ELECTRICFOLIO.com user name, user id number and your current email address. Resigning your account during the first three days will result in your access to ELECTRICFOLIO.com Pro features being downgraded to a Free Basic Membership and all information that you submitted could be limited or removed (additional audio file uploads, image uploads, etc). If you cancel your account after the first 3-days you will not receive a refund, however you will still be able to access ELECTRICFOLIO.com Membership features for the remainder of the period for which you have paid. The money back guarantee is available only to new subscribers who have not previously purchased an ELECTRICFOLIO.com Membership. ELECTRICFOLIO.com will not pay pro-rated refunds for 12-month or monthly subscriptions cancelled prior to the expiration date, whether such cancellation is initiated by you or is initiated by ELECTRICFOLIO.com in response to your violation of the Terms of Use.

8. Online Conduct: The following rules govern conduct on ELECTRICFOLIO.com:

  1. Personal Use Only: Content on the Site may be displayed and printed solely for your personal, non-commercial use (except as otherwise specified). You may not reproduce, copy, sell, resell or otherwise make use of this Site, or any portion of this Site, without the express prior written consent of ELECTRICFOLIO.com. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
  2. Passwords: You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for unauthorized use until you notify us at members@ELECTRICFOLIO.com. You may change your password by going to your "My Home" page, then clicking on "Account Settings".
  3. You agree to:
    • Follow all local, state, national and international laws and regulations.
    • Take responsibility for all acts that occur under your name and password.
    • Maintain the confidentiality of your password and login identity.
    • Use the Site in a manner consistent with applicable laws and regulations.
    • Promptly inform ELECTRICFOLIO.com about any changes to your membership registration information.
    • Promptly inform ELECTRICFOLIO.com about any changes to your membership billing information.
    • Comply with all intellectual property and other proprietary rights laws, including but not limited to federal and international copyright and trademark laws.
  4. You agree not to:
    • Post your e-mail address, web address, ICQ or other personal contact information (except as specifically authorized).
    • Submit, publish or display on the Site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material, or any material that infringes or violates another party's rights.
    • Target ELECTRICFOLIO.com or any other user with the intent to cause harm, distress, embarrassment or other discomfort.
    • Use a false e-mail address, impersonate any person or entity, utilize more than one screen name, or otherwise mislead as to the origin of content.
    • Use the ELECTRICFOLIO.com.com web site for your own advertising or for selling goods or services or for other commercial purposes (except as specifically authorized on the site --- for example, a Band will have the right to promote their CD and to contact their fans as a component of their portfolio and/or by driving web traffic to their own personal web site. However a band cannot list a competitor site (i.e. MP3.com, tonos.com etc in an attempt to drive traffic from ELECTRICFOLIO.com).
    • Solicit our members or send any other communication to our members (except as specifically authorized). This includes but is not limited to Industry and/or talent members who solicit ELECTRICFOLIO.com members to join another competing and/or similar site/community as ELECTRICFOLIO.com.
    • Send unsolicited email.
    • Involve or attempt to associate ELECTRICFOLIO.com in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation.
    • Harass, abuse, or threaten other members or representatives or employees of ELECTRICFOLIO.com, including (but not limited to) Member service representatives, or otherwise abuse ELECTRICFOLIO.com's Member support efforts.
    • Republish information found in or on the site without first obtaining written permission from ELECTRICFOLIO.com.


9. Abusive Conduct:

  1. Reporting Abusive Conduct: Please contact us at abuse@ELECTRICFOLIO.com in the event you need to report abusive conduct. Although we have no obligation to police the site, we do try to remove content that is clearly inappropriate when it is brought to our attention.
  2. Consequences for Abusive Conduct: If you violate these Terms of Use, ELECTRICFOLIO.com may, with or without prior warning, terminate your account without refund. In the event of a serious violation (as solely determined by ELECTRICFOLIO.com) ELECTRICFOLIO.com may also file suit against you for business interference or other appropriate legal actions and we will seek compensation from you for potential damage to our reputation caused by your actions. ELECTRICFOLIO.com has the right to cooperate with authorities regarding any suspected violation of these Terms of Use. All information contained within your Portfolio may and could be used in any action brought on by your suspected violation(s).


10. Content Issues:

  1. Content Review and Monitoring: ELECTRICFOLIO.com has the right but not the obligation to screen or edit information that is posted or shared by our members and to remove any objectionable information, at our discretion, without notice. ELECTRICFOLIO.com staff members may examine the content you post, or messages you send, for a variety of reasons including (but not limited to): responding to your requests for Member service; responding to Member complaints about the conduct of other users; looking for or investigating indications that content does not comply with the terms of this agreement or applicable Terms of Service; researching ELECTRICFOLIO.com Member needs and interests; training ELECTRICFOLIO.com staff; other business purposes such as reporting to banks, insurers, accountants, attorneys, investors, marketing partners, services partners, etc.; and any other reason that may potentially benefit ELECTRICFOLIO.com.com or its Members.
  2. Content Disclosure: ELECTRICFOLIO.com has the right to disclose any information provided by its users in response to a court order, law, regulation, investigation or other government demand or requirement.
  3. Offensive Content: It is possible that other users or members may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. By using the Site, you assume the risk of such occurrences.


11. Commerce on our Web Site:     You may have opportunities to order and purchase merchandise or services through the Site. All transactions relating to merchandise or services offered by any party other than ELECTRICFOLIO.com are solely between the seller and you, and you acknowledge that ELECTRICFOLIO.com and its subsidiaries and affiliates make no warranties or representations with regard to such merchandise and/or services.

12. Links:     The Site may contain links to other web sites or resources. ELECTRICFOLIO.com is not responsible for the content or operation of such other web sites or resources, and shall have no liability in connection with them.

13. Intellectual Property Rights:

  1. ELECTRICFOLIO.com Intellectual Property: The content displayed on the Site, including without limitation text, graphics, logos, images, artwork, audio clips, digital downloads, data compilations, trademarks, service marks and software, is the exclusive property of ELECTRICFOLIO.com or its content providers (including Members) and is protected by copyright, intellectual property and/or trademark laws.
  2. Materials Posted or Uploaded to Site: Any sound recordings, musical and/or vocal works, pictures, videos, song lyrics, text, resumes, bios, manuscripts and/or other materials (collectively the "Material") submitted by you shall be available for ELECTRICFOLIO.com and ELECTRICFOLIO.com's affiliates to use on a non-exclusive basis anywhere and everywhere throughout the universe without any payment to you. You agree to authorize and/or license ELECTRICFOLIO.com to reproduce, distribute, publicly perform, publicly display and digitally perform and/or distribute the Material in whole or in part, alone or together with other material. ELECTRICFOLIO.com's full permission to use the materials/content you post on a non-exclusive basis in any way we see fit (such as a part of a Site advertising campaign or marketing promotion). You retain full ownership of your materials/content. The intent of the "non-exclusive basis anywhere and everywhere throughout the universe without any payment to you" is to be sure ELECTRICFOLIO.com is in a position to promote and leverage your work to gain you as much support as possible.
  3. License Grant: If you post or submit material, (unless we indicate otherwise), you grant ELECTRICFOLIO.com and its affiliates a royalty-free, non-exclusive, worldwide, non-terminable, perpetual right and license, but not the obligation, to post, display, exhibit, reproduce, mechanically reproduce, modify, adapt, translate, encode, print, distribute, transmit, retransmit, stream, archive, stream on-demand, make available digitally for download and publicly perform, broadcast, rebroadcast, and web cast through any use of Internet based protocols, distribute in any media through any electronic, wireless or broadband means, now known or hereafter devised, electronically publish and synchronize with visual images, electrically transcript, your content and Materials. This license applies to any and all content of any sort submitted or in any way posted under the terms in effect at the time of the submission.
  4. Rights to Post Content: You hereby warrant that you are of legal age to enter into contracts and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein. You also guarantee that no permission is required from any other individual or company for us to use the Material and other rights provided herein.
  5. Original Submissions: You further guarantee to ELECTRICFOLIO.com that the video, text, compositions, recordings, lyrics and other materials contained in the Material are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies.
  6. Legal Materials: You acknowledge that ELECTRICFOLIO.com.com is a community site and you guarantee that the Material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene.
  7. Non-Harmful Submissions: You guarantee to ELECTRICFOLIO.com that the Material will not contain any "viruses" or other information, which may damage or otherwise interfere with ELECTRICFOLIO.com computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to ELECTRICFOLIO.com under this paragraph and you shall indemnify us and our customers from any damages and costs, including reasonable attorney's fees, arising from your breach. You shall sign and deliver to ELECTRICFOLIO.com any additional documents that ELECTRICFOLIO.com may request to confirm ELECTRICFOLIO.com's rights under this agreement.
  8. Rights to Use for Promotional Purposes: ELECTRICFOLIO.com shall also have the right to use the Material for the purpose of promoting ELECTRICFOLIO.com products and services and to use the name, likeness and biographical material and any logos, marks or trade names of you or any individuals performing or otherwise represented in the Material or the artist or artists included or referred to in the Material without any payment to you or any other persons or companies. For the purposes of promotion via any potential webcasting partners, ELECTRICFOLIO.com shall have the right to waive, on your behalf, any performance royalties on the Material.

14. Copyright Issues:  ELECTRICFOLIO.com respects the intellectual property of others and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on our web site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

  1. An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
  2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example, the ELECTRICFOLIO.com URL (i.e., web page address) where it is posted or the name of the book in which it has been published.
  4. Identification of the URL or other specific location on the Site where the material you claim is infringing is located, including enough information to allow us to locate the material.
  5. Your name, address, telephone number and electronic mail address.
  6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the author's behalf. ELECTRICFOLIO.com's Copyright Agent may be reached as follows:

       ELECTRICFOLIO.com Copyright Agent       DRA

15. Privacy:     See ELECTRICFOLIO.com's Privacy Policy for more information about how your information (including information that will not be publicly viewable) will and will not be used.

16. Indemnity:     You agree to defend, indemnify and hold harmless ELECTRICFOLIO.com, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Site.

17. Representations & Warranties:

Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

YOUR USE OF OUR WEB SITE IS AT YOUR OWN RISK. OUR WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM OUR SITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OUR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. ELECTRICFOLIO.com AND ITS CONTENT PROVIDERS ARE NOT GIVING LEGAL OR OTHER PROFESSIONAL ADVICE.

Limitation on Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ELECTRICFOLIO.com, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, including but not limited to reliance on information obtained on the Site, mistakes, omissions, interruptions, deletion of files or electronic mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to ELECTRICFOLIO.com records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT ELECTRICFOLIO.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM ELECTRICFOLIO.com OR ITS SUBSIDIARIES AND AFFILIATES.

18. Exclusions and Limitations:     Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

19. Warning against Hackers:     It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Site, you assume the risk of such occurrences.

20. Additional Terms:  This Site contains other terms and conditions, which you agree to observe and follow.

21. Miscellaneous Terms:  By accessing the Site, you agree that the laws of the State of California , without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ELECTRICFOLIO.com or its affiliates. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

ELECTRICFOLIO.com Terms of Use Last Updated: April 26, 2004

Please direct questions regarding this Terms of Use Agreement to members@ELECTRICFOLIO.com.

 

 
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