Terms And Conditions

Including License of Localeplayed.com

Updated 12/3/2014

1. General.

Welcome to localeplayed.com, the web site of Local E Played (“Local E Played”). As part of our service, Local E Played promotes and distributes your (“You” or “Author”) musical work as a compilation. Local E Played may amend or modify these Terms of Service at any time. Use of this site signifies your agreement to these Terms of Service including the License terms herein. BY ACCESSING AND USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, OUR COPYRIGHT POLICY, OUR PRIVACY POLICY, AND OUR SPECIFIC SALES TERMS AND CONDITIONS APPLICABLE TO CERTAIN SERVICES YOU MAY ELECT TO USE (ALL OF WHICH ARE INCORPORATED HEREIN AND COLLECTIVELY REFERRED TO AS THE “TERMS AND CONDITIONS”, WHICH SET FORTH THE ENTIRE AGREEMENT PERTAINING TO YOUR USE OF THE SITE AND SERVICES, AND SUPERSEDE ALL PRIOR VERSIONS OF THE TERMS AND CONDITIONS).

2. Rights.

This site is owned and operated by Local E Played and contains material which is derived in whole or in part from Local E Played and other sources and is protected by copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site or any compilation developed from your use of this site or the Local E Played services. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

3. License.

Users of Local E Played may upload copies of photos, logos, cover art, songs, and data (your “work(s)”). You understand that Local E Played’s Field of Use of any work of authorship submitted by you means, and is for, the creation of a derivative work by Local E Played for the promotion and distribution thereof, the derivative work of which includes third party works as part of a compilation including your work. Local E Played desires the right, privilege, and authority to use your work for Local E Played’s Field of Use, and you, by using Local E Played, are agreeable to grant such right, privilege, and authority, subject to the terms and conditions hereinafter set forth. More specifically, you hereby grant to Local E Played and its Affiliates a fully paid, perpetual, royalty-free, fully-sublicensable, nonexclusive worldwide license, to do the following: (a) make, copy and use your work in the conduct of Local E Played’s business for the Licensed Field of Use; (b) develop and make Derivatives from and of your work in the conduct of Local E Played’s or its Affiliates’ business within the Licensed Field of Use; (c) sublicense or sell to any Third Party the right to use or make the Derivatives; and (d) file copyright registrations in Local E Played’s name as it relates solely to the derivative work. “Derivative” means (a) any enhancement, improvement, modification, translation, abridgment, expansion, compilation or “derivative work” (as defined in the U.S. Copyright Act, as amended from time to time). You agree to cooperate with Local E Played with its registration procedure such that Local E Played may enjoy to the fullest extent the rights conveyed under and pursuant to this Agreement. Such duty includes prompt execution of all materials that are deemed necessary or desirable by Local E Played to perfect the conveyed rights.
Additionally, users of Local E Played may have a profile page. If you do post content or submit material, and unless we indicate otherwise, Local E Played’s Field of Use includes, and you grant Local E Played, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Local E Played sublicensees to the right to use the name that you submit in connection with such content.
Reservation of Rights. You as a licensor reserve ownership of your work. Except for the Local E Played Licenses above, no right, title or interest in, to or under any of your work is granted, created, assigned or otherwise transferred to Local E Played pursuant to or by virtue of this Agreement. Without limiting the generality of the foregoing, Local E Played will not, without your consent use all or any portion of your work outside of the Licensed Field of Use.

4. Limitation of Liability.



You, as the original author of your work(s), warrant that you are the Author and sole proprietor of the Work and have the sole and exclusive right to dispose of the Work. The Author warrants that the Work has not been nor will be, sold, assigned, leased, or licensed in whole or in part, in any form that would conflict with their affiliation with Local E Played. The Author warrants that the Work contains no matter that is defamatory, or that infringes on any trademark, copyright or right of literary property, or that is unlawful in any other way. With respect to any adverse claim as to any of the foregoing warranties, the Author will defend, hold harmless, and indemnify Local E Played and its sub-licensees.
You covenant that you will not upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable.
You covenant that you will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.
You covenant that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You covenant that you will not use “spam,” “blast-faxes,” or recorded telephone messages to market or promote any materials relating to you on the Site or in connection with the Services.
You covenant that you will not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

6. Age Restriction.

The Local E Played Site and Services are intended for use by persons 18 years of age or older. Local E Played is not intended for children under the age of 13. Children under the age 18 but at least 13 years of age may use the Site and Services only with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions. SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

7. Disclaimers.

Local E Played does not guarantee or warrant that the promotion of any derivative work will result in a financial gain. You understand the speculative nature of the music industry, and we make no guarantees whatsoever with respect to the marketing, promotion, acceptance, development, or popularity of you, your band, your music, or otherwise in connection with your use of the Local E Played; and we further make no guarantees whatsoever that any materials you create or distribute using Local E Played, including your music, will achieve any results or be purchased or otherwise used by any third party. THE MATERIALS IN THIS SITE AND THE THIRD-PARTY SITES AND LOCAL E PLAYED SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Local E Played has provided links and pointers to Internet sites maintained by third parties. Neither Local E Played, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. To the fullest extent permissible pursuant to applicable law, Local E Played disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Local E Played does not warrant that the functions of site our services will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Local E Played does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Local E Played) assume the entire cost of all necessary maintenance, repair or correction.

8. Termination.

This agreement is effective until terminated by either party at any time. In the event of termination, Local E Played may, but is not obligated to within any time period, delete any of your Work, User Content, information, or other data from Local E Played, and we have no obligation to maintain copies of any deleted information. The disclaimers, warranties, covenants, indemnifications, and limitations of liabilities set forth in this agreement, shall survive.

9. Entire Agreement; Amendments.

This Agreement constitutes the entire agreement between Local E Played and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. Local E Played may amend or modify this Agreement or impose new conditions at any time without prior notice. Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on Local E Played. Any use of the service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

10. Governing Law.

This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any principles or conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before a court sitting in Allegheny County or Butler County, Pennsylvania, and you hereby consent to the jurisdiction of any such court.

11. Severability.

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyright Policy

And DMCA Notification Process

Updated 12/3/2014

Localeplayed.com is committed to protecting the intellectual property rights of others. We will remove or disable access to allegedly infringing material from the Site upon receipt of a valid DMCA notice as required by the DMCA and will provide the allegedly infringing party with a copy of the DMCA notice alleging infringement. If the party who posted the allegedly infringing information files a valid counter-notification, the materials will be reposted unless you file a claim for relief as further set forth in the DMCA.

We do not act as an arbiter or judge of disputes about intellectual property rights. We do not adjudicate the substance of the copyright claim. By disabling access to or removing content, as a prudential matter, we are not endorsing or validating a claim of infringement. Localeplayed.com does not monitor for violations of copyright law or illegal file uploads.
However, under the protections provided by the Digital Millennium Copyright Act (DMCA) we act when we are properly notified that a violation may have occurred through our services. It is for this reason that we will:

  • 1) Provide this working notification system;
  • 2) Have procedures for dealing with notifications of a violation;
  • 3) Not prevent copyright owners from collecting information necessary to issue any notices;
  • 4) Track and permanently block content identified as infringing, where appropriate.

On this page, rights holders will find information regarding how to report copyright and other intellectual property infringements by businesses posting content to their Localeplayed.com site and the policy pertaining to businesses posting copyright material.

Pursuant to our Terms and Conditions, you are responsible for the content of your listings. Localeplayed.com reserves the right to remove all copyright material that is discovered on their listing.
How to report claims of copyright infringement by users.
To report a copyright infringement by a Localeplayed.com user, all you need to do is fill out our automated DMCA form. This form is the fastest way to report a copyright infringement.

Click Here for DMCA Copyright Infringement Notification Form

Please be aware that the DMCA makes users liable for materially misrepresenting a claim within this notice. Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a DMCA notice with us.

How to Appeal Claims of Copyright Infringement

Localeplayed.com respects the copyrights of others, and we prohibit users from uploading, posting or otherwise transmitting on the Localeplayed.com website any materials that violate another party’s copyrights. Among other things, this means that we remove content that is reported to us pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), also known as the DMCA.
However, while Localeplayed.com does not tolerate copyright infringement, we also do not tolerate false claims of infringement. If you believe that content that you posted on the site was removed by mistake, you can file a DMCA counter-notice by using our electronic counter-notice form:

Click Here for DMCA Copyright Infringement Counter-Notice Form

So long as everything appears to be in order with your counter-notice, we will forward it to the complaining rights owner. The DMCA then allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.
Please be aware that the DMCA makes users liable for materially misrepresenting in a counter-notice that their content was removed by mistake. Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a DMCA counter-notice with us.

Privacy Policy

Updated 12/3/2014

This document discloses the privacy practices for www.localeplayed.com, with reference to our terms and conditions. As part of the normal operation of our services we collect and, in some cases, disclose information about you. This Privacy Policy describes the information we collect about you and what may happen to that information. By accepting the terms and conditions, you expressly consent to our use and disclosure of your personally identifiable information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms and conditions.

1. Minors

The Local E Played Site and Services are intended for use by persons 18 years of age or older. Local E Played is not intended for children under the age of 13. Children under the age 18 but at least 13 years of age may use the Site and Services only with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions. SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. If you are a minor, you can use this service only in conjunction with the consent of your parents or guardians. If you are a minor, please do not submit any personal information.

2. Information We Collect

Your Registration Information. You may be required to provide us with your contact information and certain other personal information.

Your Usage of Our Site. We may automatically track certain information about you based upon your use of our site. We use this information to conduct internal research on our users’ demographics, interests, and behavior to better understand and serve our users. This information is compiled and analyzed on an aggregate basis. This information may include the URL that you just came from, which URL you next go to, what browser you are using, and your IP address.

Cookies.In addition, we may use “cookies” on certain pages of our site. Cookies are small files that can be used to track a user’s steps or automatically generate a user’s password. Some features of our web site may only be available through the use of a cookie. Cookies can also help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on our site. Most cookies are automatically deleted at the end of a session. You may decline our cookies if your browser permits, although your use of the site may then be restricted (as noted above).

Your Posts. If you choose to post messages in our bulletin board, we will collect such information about you as you choose to disclose.

Your Correspondence. If you send us e-mails, letters or other personal correspondence, or if other users or third parties send us correspondence about your activities or postings on the web site, we may collect such information into a file specific to you.

Your Credit Account. If you establish a credit account with us, we collect some additional information, including billing address, credit card number and credit card expiration date and tracking information from checks or money orders.

3. Our Use of Your Information

Promotional Use. We may use personal information about you to enhance our marketing and promotional efforts, and to improve our content and services. We may also use your information to deliver to you advertisements, new services and promotions, and other information to you that is targeted to your interests. You can avoid receiving some of this information by changing your options on your account status page.

Administrative Notices, Etc. We use your e-mail address, your mailing address, and phone number to contact you regarding administrative notices, new product offerings, and communications relevant to your use of the site. If you do not wish to receive these communications, you may have the ability to opt out on your account status page.

Billing and Support. If you open a credit account, we use your address and billing information to bill you and provide associated support.

Dispute Resolution. We use information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems and enforce our Terms and Conditions Agreement.

4. Our Disclosure to Third Parties

We use practices that are consistent with standards in the industry to protect your privacy. We cannot, however, promise that your personally identifiable information or private communications will remain private. For example, third parties may unlawfully intercept or access transmissions or private communications. We do not sell or rent any personally identifiable information about you to any third party.

Law Enforcement. We may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability.

Advertisers. We disclose aggregate information about our users to advertisers, sponsors, and for other marketing and promotional purposes. However, we do not disclose any personally identifying information to any of these entities.

Localeplayed.com Site. Throughout the Site, you may be identifiable. As a result, other users and third parties might send you unsolicited e-mail and be able to personally identify all of your activities on the Site.

Third Party Suppliers. We may use third party suppliers to assist us in providing the services available on our web site. Whenever a third party supplier desires to collect information about you, you will be notified of the involvement of the third party supplier, and you will never be required to disclose and information to the third party supplier. We impose contractual restrictions on the use by third party suppliers of information concerning you, and we do not permit third party suppliers to sell your information to third parties.

5. Use by You of Information

Use Limited to Site-Related Communications. Because of the nature of the services offered on Localeplayed.com, Localeplayed.com allows you to access other users’ information. You may use such information only for Localeplayed.com-related communications. Our Site-related communication expressly excludes unsolicited commercial messages. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.

No Spam. Localeplayed.com and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Localeplayed.com user to your mail list (e-mail or physical mail) without their express consent after adequate disclosure.

Disclosures You Make to Third Parties

Localeplayed.com does not control the privacy policies of third parties. When you disclose information to third parties on Localeplayed.com (or any other web site) about yourself, you are subject to the privacy customs and policies of that third party.

Forum Rules of Conduct

Updated:  01/9/2015

Welcome to the Local E Played Community Forums! We’ve provided these Rules of Conduct to provide guidelines for new and old subscriber s alike on behaviors and activities that are acceptable and encouraged, as well as those that are not permitted. Your continuation as a subscriber on Local E Played and use these forums are dependent on your adherence to these Rules of Conduct.

These Rules of Conduct apply to all threads, posts, private messages, visitor messages on user profiles, social groups, and any other form of communication within the forums (collectively “Forum Content”):

1. Local E Played Terms and Conditions

The Local E Played Terms and Conditions govern all use of the Local E Played Service, including http://localeplayed.com and the Local E Played Community Forum (“Forum”). Violation of the Terms and Conditions can result in suspension of your forum and subscriber account.

2. Courtesy and Respect

Forum Content must be civil and where possible it should be courteous. The forums are a place for positive and constructive interactions between Local E Played subscribers. Forum activity such as bumping, petitioning, lobbying, cross posting, threatening to quit, signing or +1’ing a thread is not constructive and is not permitted. Local E Played has a zero tolerance policy for content that violates the rules in this section.

Forum Content must not:

  • Be abusive, disrespectful, harassing or hostile and must not haze or attack others.
  • Discuss or debate the moderation of the Forums or the Rules of Conduct.
  • Incite, promote or endorse legal actions or boycotts against Local E Played or any other entity.
  • Contain personally identifiable information.
  • Forum Subscribers and their Forum Content must not impersonate or attempt to impersonate Local E Played employees or other Forum Subscribers.

3. Privacy

Private communications between forum subscriber s, moderators, Local E Played employees, and affiliates or partners of Local E Played LLC. should remain private.

Forum Content placed in public channels must not include copies of private communications, emails, private messages, and chat logs.

4. Viruses, Exploits, and Hacks

Forum Content must not:

  • Contain viruses, adware, spyware, worms or any other malicious code.
  • Promote or describe methods for circumventing or manipulating these Rules of Conduct, Local E Played Terms and Conditions, or the mechanics of any aspect of the Local E Played Service.

5. Illegal Content and Copyright

Forum Content must not:

  • Contain (i) pornography; (ii) obscene or sexually explicit remarks or images; (iii) threatening or defamatory remarks or images; (iv) hateful, racially or ethnically offensive remarks or images; (v) descriptions or promotions of illegal activity; or (vi) provide links to sites that contain any of the aforementioned content.
  • Violate any applicable laws, contractual restrictions or any other third party rights.
  • Local E Played will respond to clear notices of alleged copyright, trademark or other intellectual property rights infringement. For more information, please visit our DMCA Notice page.

6. Commercial Activity: Spam, Selling and Scams

Forum Content must not:

  • Spam other subscribers or the community outside of designated topic threads.
  • Contain content, links, or advertisements for non-Local E Played products or services outside of designated topic threads, including content describing or promoting the unauthorized sale or transfer of Local E Played’s goods or services.
  • Contain content that encourages other forum subscriber s to participate in commercial activity or scams that violate Local E Played’s Terms and Conditions or Rules of Conduct.

7. Singular Identity

Each community subscriber is limited to one forum account.

8. Violations of these Rules of Conduct

Forum Content and activity must not violate the letter or spirit of these Rules of Conduct. Forum Moderators and other Local E Played staff, in their sole discretion, will determine whether Forum Content or activity is in violation.

Responses to violations may include, but not be limited to: issuing a warning; removing Forum Content; suspending or terminating use of the Forums or other aspects of the Local E Played Service.

A failure to strictly enforce any aspect of these Rules of Conduct does not prevent Forum Moderators or other Local E Played staff from doing so in the future.

Appeals Process: Subscribers with questions or concerns about these Rules of Conduct and Forum management may direct their questions to the Community Administrator.

9. Changes to the Rules of Conduct

Local E Played may revise these Rules of Conduct at any time by making changes to this page. You should check this page from time to time to make note of any changes.

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