Welcome to epiTUNES. This Agreement (Terms of Use) constitutes a legal agreement between You and epiTUNES, Inc. epiTUNES is a music discovery service with social interaction features. The epiTUNES Service includes without limitation our Web site, www.epitunes.com, and all sub-domains of epitunes.com. If you use EpiTUNES services, you accept these conditions. If you do not agree to the Terms of Use you are not permitted to use the epiTUNES.com site.
epiTUNES may modify this Agreement from time to time. These modifications will be posted on epiTUNES.com and will become effective immediately upon posting. You agree to be bound to any changes to this Agreement when you use the services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please review our Privacy Policy, which also governs your visit to EpiTUNES.
You are required to be 14 years of age or older to use the Service. By using epiTUNES services you represent and warrant that (a) the registration information that you submit is truthful and accurate; (b) the accuracy of this information will be maintained; (c) your use of the epiTUNES services does not violate any applicable law or regulation. Use of and Membership in the Services is void where prohibited.
This Agreement shall remain in full force and effect while you use the Service and/or are a Member. You may terminate your Membership at any time. epiTUNES reserves the right to terminate Membership at any time if You violate this Agreement. Even after Membership is terminated this Agreement will remain in effect.
a. Membership enables you to upload, archive, post, publish, e-mail, or otherwise transmit to epiTUNES various forms of Content including but not limited to: text, code, software, music files, image files, video files, and graphic files. You are solely responsible for all Content that you upload to epiTUNES.
b. You represent and warrant that in regards to all Content uploaded to epiTUNES: (1) you own or have the necessary licenses, consents, permissions, and rights to use the Content (2) You authorize epiTUNES to use all copyright, trademark, patent, trade secret, and other proprietary rights owned by You in conjunction with use of Your Content on epiTUNES.
c. You represent and warrant that you have the written consent, release, and/or permission of every person identifiable in the Content to use their name and likeness, in order to permit inclusion and use of the Content as contemplated by the Service and this Agreement. In addition You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
d. Ownership rights to the Content uploaded by You to epiTUNES are retained by You. By uploading the Content to epiTUNES, you hereby grant to epiTUNES license to copy, distribute, publicly display, and publicly perform the Content in connection with the Service.
e. Uploaded Content is the sole responsibility of the Member who Uploaded the Content. If you are exposed to Content Uploaded by Members that is inaccurate or objectionable you will not hold epiTUNES responsible for damages. epiTUNES does not represent or warrant the quality, accuracy, or any other aspect of Content posted on the Site or in connection with the Service.
epiTUNES does not condone or tolerate violations of the rights of copyright owners. We reserve the right to immediately remove any materials that are deemed to violate the rights of copyright owners.
Repeated uploading of materials violating copyrights by Members may result in immediate termination of Membership. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide epiTUNES's written notification of the violation detailing the nature of the violation and the exact web page(s) on which it appears.
The epiTUNES Service uses and contains confidential and proprietary technology owned or licensed to epiTUNES. You are not granted usage of this technology outside of its usage as part of the Service.
By using the Service you expressly agree not to conduct in any of the following activities:
a. Upload, copy, distribute or sell Content that you do not own the legal rights to without the express written sent of said rights holder.
b. Upload, post, tag, or distribute content that violates obscenity laws
c. Post libelous comments or Content.
d. Upload, copy, distribute, or share malicious code or programs.
This Agreement, including the Privacy Policy, represents a contract between You and epiTUNES, Inc. Use of the Services serves as acknowledgement and agreement to the Terms of Use outlined in this document. Furthermore, You agree to indemnify and hold epiTUNES and its respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party arising out of or due to your use of the Services in violation of this Agreement.
